Legal Opinion

Clark v. E. J. Lavino & Co.

District Court, E.D. Pennsylvania

Decided June 30, 1947No. M-1192PublishedCited by 8 opinions

1Opinion of the Court

BARD, District Judge.

This case is before the Court on petitioner’s motion to strike respondent’s answer, and for an order directing respondent to deliver to petitioner forthwith the sum of $25,000 with interest thereon from September 5, 1942.

The present action was instituted under Section 17 of the Trading with the Enemy Act1 by the Attorney General as successor to the Alien Property Custodian. The pertinent facts which gave rise to the action are as follows:

On July 30, 1942, the Alien Property Custodian issued Vesting Order No. 77, in which he vested “all property of any nature whatsoever…

2Cases cited5 opinions

  1. Central Union Trust Co. of NY v. GarvanSupreme Court of the United States · 1921
  2. Stoehr v. WallaceSupreme Court of the United States · 1921
  3. Commercial Trust Co. of NJ v. MillerSupreme Court of the United States · 1923
  4. Miller v. RouseDistrict Court, S.D. New York · 1921
  5. Kohn v. Jacob & Josef Kohm, Inc.District Court, S.D. New York · 1920

3Cited by8 opinions

  1. Clark v. Manufacturers Trust Co.Court of Appeals for the Second Circuit · 1948
  2. Clark v. Continental Nat. Bank of Lincoln, Neb.District Court, D. Nebraska · 1949
  3. Bantel v. McGrath Attorney GeneralCourt of Appeals for the Tenth Circuit · 1954
  4. McGrath v. Agency of Chartered Bank of India, Australia & ChinaDistrict Court, S.D. New York · 1952
  5. McGrath v. E. J. Lavino & Co.District Court, E.D. Pennsylvania · 1950

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