Von Der Heydt v. Rogers

I agree fully that findings are essential but I would rely not on our inherent power to call for findings in aid of appellate review but upon what appears to me to be the express and unambiguous ■command of Rule 41 of the Federal Rules ■of Civil Procedure, 28 U.S.C.A. To place my views in proper perspective a more ■complete statement of the case is called for than is needed for the solution reached by a majority of the court.

Appellant, a Swiss citizen,1 sued to ¿’.ecover property which had been seized in 1951 by the United States under tha Trading With The Enemy Act.2 The Government defended…