HENKELS v. MILLER

No. 136.

4 F.2d 988 (1925)

HENKELS v. MILLER, Alien Property Custodian, et al.

Circuit Court of Appeals, Second Circuit.

January 5, 1925.


Attorney(s) appearing for the Case

Morris J. Hirsch, of New York City (Herbert R. Limburg and Harry F. Mela, both of New York City, of counsel), for appellant Henkels.

William Hayward, of New York City, and Dean Hill Stanley, and Adna R. Johnson, Jr., Sp. Asst. Attys. Gen., opposed.

Before HOUGH and MANTON, Circuit Judges, and AUGUSTUS N. HAND, District Judge.


HOUGH, Circuit Judge (after stating the facts as above).

This bill presents two questions: (1) Can appellant, by his plea of duress, be relieved of the receipt and release executed by him? And (2) if such relief be granted, could he recover any more than he has received in this litigation?

Some other matters have been discussed arising out of an inquiry whether the decree of July, 1921, was final or interlocutory. To this question we shall pay no attention...

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