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STADTMULLER v. MILLER

No. 242.

11 F.2d 732 (1926)

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

Circuit Court of Appeals, Second Circuit.

March 19, 1926.

Attorney(s) appearing for the Case

Schnitzler, Thorn & Dayton, of New York City (Paul C. Schnitzler, of New York City, of counsel), for appellant.

Emory R. Buckner, U. S. Atty., of New York City, Ira Lloyd Letts, Asst. Atty. Gen., and Dean Hill Stanley, Sp. Asst. Atty. Gen., for appellees.

Hoke Smith, of Atlanta, Ga., and A. W. Lafferty, of New York City, amici curiæ, in behalf of John H. Volkmann.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

ROGERS, Circuit Judge.

This suit is brought under section 9 of the Trading with the Enemy Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115½e) to recover property alleged to belong to the plaintiff, and which was seized by the Alien Property Custodian, and is now in the custody of the Treasurer of the United States. The District Court dismissed the complaint.

The plaintiff was born in Germany, and still is technically a German citizen. He came...

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