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CASTELL v. UNITED STATES

No. 268.

98 F.2d 88 (1938)

CASTELL v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 12, 1938.

Attorney(s) appearing for the Case

Jay E. Whiting and Albert G. Avery, both of New York City (John Enrietto, of Washington, D. C., and Albert G. Avery and Jay E. Whiting, both of New York City, of counsel), for plaintiff-appellee-appellant.

Lamar Hardy, U. S. Atty., of New York City (Irvin C. Rutter, Asst. U. S. Atty., of New York City, and Frederick J. Rita, Sp. Asst. to Atty. Gen., of counsel), for the United States.

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

AUGUSTUS N. HAND, Circuit Judge.

This action is brought by the ancillary executor of the estate of Beta Isenberg to recover income taxes. The complaint alleges that certain shares owned by Mrs. Isenberg were unlawfully seized under the Trading With The Enemy Act, 50 U.S.C.A. appendix § 1 et seq., by the Alien Property Custodian in February, 1918, and sold by the latter during the years 1919 and 1920; that the proceeds were administered by him and returned to...

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