Legal Opinion
Public Administrator v. McGrath
District Court, S.D. New York
Decided May 21, 1952PublishedCited by 7 opinions
1Opinion of the Court
IRVING R. KAUFMAN, District Judge.
Defendant moves to dismiss the complaint on the ground that this court lacks jurisdiction over the subject matter in that, as it appears from the face of the complaint, the sole distributees of the estate which plaintiff seeks to administer are enemies or allies of enemies, as those terms are defined by the Trading with the Enemy Act, 50 U.S.C.A. Appendix, §§ 1, 2, and Congress has not consented that the United States be sued by enemies or allies of enemies.
Plaintiff instituted suit on January 23, 1952 under 50 U.S.C.A.Appendix, § 9(a), which provides the…
2Cases cited10 opinions
- Guessefeldt v. McGrathSupreme Court of the United States · 1952
- Swiss National Insurance v. MillerSupreme Court of the United States · 1925
- Josephberg v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Stadtmuller v. MillerCourt of Appeals for the Second Circuit · 1926
- McGrath v. ZanderCourt of Appeals for the D.C. Circuit · 1949
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Yaichiro Akata v. BrownellDistrict Court, D. Hawaii · 1954
- Albert v. BrownellCourt of Appeals for the Ninth Circuit · 1954
- Kober v. BrownellDistrict Court, N.D. California · 1957
- Rogers v. MaronCourt of Appeals for the D.C. Circuit · 1958
- J. Robert Bonnar v. The United StatesUnited States Court of Claims · 1971
2 more not listed; retrieve them via the Exa API.