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COMMERCIAL TRUST CO. v. MILLER

No. 575.

262 U.S. 51 (1923)

COMMERCIAL TRUST COMPANY OF NEW JERSEY v. MILLER, AS ALIEN PROPERTY CUSTODIAN.

Supreme Court of United States.

Decided April 23, 1923.

Attorney(s) appearing for the Case

Mr. Selden Bacon for appellant.

Mr. James A. Fowler, Special Assistant to the Attorney General, with whom Mr. Solicitor General Beck was on the brief, for appellee.

MR. JUSTICE McKENNA delivered the opinion of the Court.

This is a suit under the Trading with the Enemy Act of October 6, 1917, c. 106, 40 Stat. 411, and the amendment of November 4, 1918, c. 201, 40 Stat. 1020. It was commenced by Francis P. Garvan, as Alien Property Custodian. He ceasing to be such, Thomas W. Miller was appointed his successor, and substituted as petitioner.

Section 7 of the act provides that "If...

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