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LIZRODT v. MILLER

No. 166.

17 F.2d 533 (1927)

LIZRODT v. MILLER, Alien Property Custodian, etc.

Circuit Court of Appeals, Second Circuit.

February 21, 1927.

Attorney(s) appearing for the Case

Hays, St. John & Buckley, of New York City (Arthur Garfield Hays and John Schulman, both of New York City, of counsel), for appellant.

Emory R. Buckner, U. S. Atty., of New York City (Dean Hill Stanley and Eugene V. Bulleit, Sp. Asst. Attys. Gen., of counsel), for appellee.

Before HOUGH, HAND, and MACK, Circuit Judges.

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

We shall assume arguendo that the stipulation in the contract between Lizrodt and Donner that Lizrodt should pay in marks and in Hamburg was not solely for Donner's benefit, but that Lizrodt might also have insisted upon it. If so, had Donner in New York demanded dollars, or for that matter marks, Lizrodt could lawfully have refused payment. The plaintiff agrees that the Alien Property Custodian was substituted...

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