BALTIMORE & O. R. CO. v. SUTHERLAND

No. 2516.

18 F.2d 560 (1927)

BALTIMORE & O. R. CO. et al. v. SUTHERLAND, Alien Property Custodian.

Circuit Court of Appeals, Fourth Circuit.

April 12, 1927.


Attorney(s) appearing for the Case

Daniel Willard, Jr., of New York City, and R. Marsden Smith, of Baltimore, Md., for plaintiffs in error.

A. Henry Walter, of Washington, D. C. (A. W. W. Woodcock, U. S. Atty., of Baltimore, Md., and Dean Hill Stanley, Sp. Asst. Atty. Gen., on the brief), for defendant in error.

Harold W. Bissel, of New York City, amicus curiæ, for Deutsche Bank.

Before WADDILL and PARKER, Circuit Judges, and WEBB, District Judge.


PARKER, Circuit Judge.

This was a suit instituted by the Alien Property Custodian, under section 17 of the Trading with the Enemy Act of October 6, 1917, c. 106 (40 Stat. 411, 425 [Comp. St. § 3115½i]), against the Baltimore & Ohio Railroad Company and the Bankers' Trust Company of New York. A decree was entered, directing that the railroad company cancel upon its books certain shares of stock standing in the name of alien enemies, and issue in lieu...

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