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SUTHERLAND v. GUARANTY TRUST CO.

No. 265.

11 F.2d 696 (1926)

SUTHERLAND v. GUARANTY TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Louis Manheim and Clair B. Hughes, both of New York City, of counsel), for appellant.

Emory R. Buckner, U. S. Atty., of New York City, and Dean Hill Stanley and E. N. Cherrington, Sp. Asst. Attys. Gen., for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

This proceeding was commenced on March 4, 1925, by a petition of the Alien Property Custodian, seeking a decree that there be paid to him $53,751.89 pursuant to the provisions of the Act of Congress approved October 6, 1917, known as the Trading with the Enemy Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115½a et seq.). The petition asserted that this sum of money was on deposit with the appellant on May 31, 1918, when a formal...

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