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KOMBST v. UNITED STATES

No. J-679.

52 F.2d 1030 (1931)

KOMBST et al. v. UNITED STATES.

Court of Claims.

November 2, 1931.

Attorney(s) appearing for the Case

Frederick Schwertner, of Washington, D. C. (Clarence W. De Knight, of Washington, D. C., on the brief), for plaintiffs.

Fred K. Dyar, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (William T. Sabine, Jr., of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

WHALEY, Judge.

The facts in this case, which were stipulated, disclose that the property of the plaintiffs was seized, confiscated, and impounded by the President of the United States, acting through the Alien Property Custodian and at the present time the corpus of the legacies is still held by him and cannot be returned to them until further legislative enactment by Congress. Trading with the Enemy Act, Oct. 6, 1917, c. 106, 40 Stat. 411, amended Act March 28, 1918...

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