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HESS v. MILLER

No. 301.

6 F.2d 388 (1925)

HESS v. MILLER, Alien Property Custodian.

District Court, S. D. Florida.

May 27, 1925.

Attorney(s) appearing for the Case

Ernest Metcalf, of Jacksonville, Fla., for complainant.

Dean Hill Stanley, Sp. Asst. Atty. Gen., and W. M. Gober, U. S. Dist. Atty., of Tampa, Fla. (A. R. Johnson, Jr., of Washington, D. C., on the brief), for defendant.

CALL, District Judge.

This cause comes on for hearing upon the bill of complaint and motion to dismiss, filed by the defendant. The facts alleged in the bill, and admitted by the motion to dismiss, may be succinctly stated as follows:

The brother of the complainant died prior to the entry of this country into the World War, leaving a will by which the interest on certain investments, directed to be made by his executors, was to be paid to her during her life...

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