HIRSCH v. CUMMINGS

No. 7121.

102 F.2d 269 (1939)

HIRSCH et al. v. CUMMINGS, U. S. Atty. Gen., et al.

United States Court of Appeals for the District of Columbia.

Decided January 30, 1939.


Attorney(s) appearing for the Case

Dean Hill Stanley, of Washington, D. C., and Otto C. Sommerich, of New York City, for appellants.

Sam E. Whitaker, Asst. Atty. Gen., and Harry LeRoy Jones and Fred Esch, of Washington, D. C., for appellees.

Before STEPHENS, MILLER, and EDGERTON, Associate Justices.


EDGERTON, Associate Justice.

Plaintiffs, "alien enemies" during the World War, seek by bill in equity, filed in 1931, to recover under the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 1 et seq., certain property seized by the Alien Property Custodian during the war. The District Court sustained a motion to dismiss the bill on the ground, among others, that recovery is barred by Public Resolution No. 53, adopted June 27, 1934, 48 Stat. 1267. That resolution...

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