MANTON, Circuit Judge.
The appellant in October, 1932, and January, 1933, owned marked bars of gold bullion which he delivered to the appellee for safe-keeping. On September 13, 1933, appellee notified appellant that it was required to surrender such gold bullion because of and pursuant to an executive order of the President of the United States. On September 16, 1933, appellant, in writing, demanded forthwith delivery of the gold to him, which demand was refused...
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