KLEIN v. PALMER

Nos. 159, 160.

18 F.2d 932 (1927)

KLEIN v. PALMER et al. HEINS v. SAME.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.


Attorney(s) appearing for the Case

Harvey T. Andrews, of New York City (Hiram C. Todd and E. Raymond Shepard, both of New York City, of counsel), for appellants.

Root, Clark, Howland & Ballantine, of New York City (Elihu Root, Jr., Leo Gottlieb, and Joseph Schreiber, all of New York City, of counsel), for appellee American Bosch Magneto Corporation.

Isidor J. Kresel and George J. Corbett, both of New York City (Frank Davis, Jr., and Seiforde M. Stellwagen, both of Washington, D. C., of counsel), for appellees Palmer and Garvan.

Rothwell, Harper & Matthews, of New York City, for appellee Kern.

Before HOUGH, HAND, and MACK, Circuit Judges.


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

On the oral argument, the attempt to sustain the claim to equitable relief was practically abandoned. Clearly, title to the seized property was vested in the United States under the Trading with the Enemy Act (Comp. St. §§ 3115½a-3115½j). Any suit to redress the alleged wrongful disposition of the seized property must be brought by the United States; any claim to the property so seized or...

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