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SMITH v. AMERICAN ASIATIC UNDERWRITERS, FEDERAL

No. 9642.

127 F.2d 754 (1942)

SMITH, Registrar, v. AMERICAN ASIATIC UNDERWRITERS, FEDERAL, Inc., U. S. A.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Granted August 8, 1942.

Attorney(s) appearing for the Case

Leighton Shields, Dist. Atty., U. S. Court for China, of Shanghai, China, and Frank J. Hennessy, U. S. Atty., and Robert B. McMillan, Asst. U. S. Atty., both of San Francisco, Cal. (Francis M. Shea, Asst. Atty. Gen., Sidney J. Kaplan, Sp. Asst. to Atty. Gen., and J. Frank Staley, Atty., Department of Justice, of Washington, D. C., of counsel), for appellant.

Herbert W. Clark, of San Francisco, Cal., George F. Richardson, of New York City (Garrett H. Elmore and Morrison, Hohfeld, Foerster, Shuman & Clark, all of San Francisco, Cal., of counsel), for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

Appellant, A. Viola Smith, a China Trade Act registrar, seeks reversal of a declaratory judgment obtained by appellee, American Asiatic Underwriters, Federal Inc. U. S. A., a China Trade Act corporation, in a suit by appellee against appellant in the United States Court for China.1

Appellant is an officer of the Department of Commerce. She was designated as China Trade Act registrar by the Secretary of Commerce...

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