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CABELL v. MARKHAM

No. 279.

148 F.2d 737 (1945)

CABELL v. MARKHAM, Allen Property Custodian, et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Granted June 4, 1945.

Attorney(s) appearing for the Case

Hartwell Cabell, pro se and Charlton Ogburn, both of New York City, for plaintiff-appellant.

William L. Lynch, of New York City, John F. X. McGohey, U. S. Atty., of New York City, and Herbert Wechsler, Asst. Atty. Gen., War Division, Department of Justice (John Ernest Roe, Gen. Counsel to Alien Property Custodian, of Madison, Wis., of counsel), for defendants-appellees.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

Writ of Certiorari Granted June 4, 1945. See 65 S.Ct. 1415.

L. HAND, Circuit Judge.

This appeal depends upon the meaning of a part of the proviso to § 9(e) of the Trading with the Enemy Act, as amended on March 10, 1928, 50 U.S.C.A.Appendix, § 9(e), which we quote in the margin.1 The plaintiff filed a complaint under § 9(a) of that act, alleging that he was a creditor of an Italian insurance company, whose assets...

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