UNITED STATES v. BELMONT

No. 461.

85 F.2d 542 (1936)

UNITED STATES v. BELMONT et al.

Circuit Court of Appeals, Second Circuit.

August 10, 1936.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (David E. Hudson, Sp. Asst. to Atty. Gen., Henry Munroe, Sp. Atty., Department of Justice, Edward J. Ennis, Asst. U. S. Atty., and Myron S. Isaacs, all of New York City, of counsel), for the United States.

Cadwalader, Wickersham & Taft, of New York City (John W. Davis, Cornelius W. Wickersham, William C. Cannon, and Daniel E. Woodhull, Jr., all of New York City, of counsel), for appellees.

Robert J. Sykes, of New York City (Robert J. Sykes and William C. Morris, both of New York City, of counsel), for president and directors of Manhattan Co., amicus curiæ.

Borris M. Komar, of New York City, for Day-Gormley Leather Co., amicus curiæ.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal by the United States from a judgment which dismissed its amended complaint on the ground that it fails to state facts constituting a cause of action. The complaint is based on a demand upon the executors of August Belmont for payment of money deposited with him prior to 1918 by a Russian corporation known as the "Petrograd Metal Works," and a refusal by the executors to pay. The theory of the action is that the Russian government...

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