Kennedy v. Rommel

Under section 9(a) of the Trading with the Enemy Act1 appellees sued the Attorney General, appellant herein, to recover property vested under the Act by appellant’s predecessor as Alien Property Custodian. The vesting orders were five in number. The first was issued in 1947 and the others in 1951.

A suit may be maintained under section 9(a) only by one who is not an “enemy” as that term is defined in section 2(a) of the Act.2

During World War II, and until January 1946, appellees concededly were citizens and residents of Germany. They thus acquired enemy status under the Act. They left Germany…