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CROWLEY v. COMMODITY EXCHANGE

No. 167.

141 F.2d 182 (1944)

CROWLEY, Allen Property Custodian, v. COMMODITY EXCHANGE, Inc., et al.

Circuit Court of Appeals, Second Circuit.

March 1, 1944.

Attorney(s) appearing for the Case

Lemuel Skidmore, Sp. Asst. to Atty. Gen. (James B. M. McNally, U. S. Atty., of New York City, George A. McNulty, Chief, Alien Property Unit, War Division, Department of Justice, and A. Matt Werner, Gen. Counsel to Alien Property Custodian, both of Washington, D. C., on the brief), for plaintiff-appellant.

Donald Marks, of New York City (Baer & Marks and Julius B. Baer, all of New York City, on the brief), for defendants-appellees.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This action was commenced on October 20, 1941, by Mitsui & Co., Ltd., a Japanese corporation, to enjoin the Commodity Exchange, Inc., and the Commodity Exchange Silk Clearing Association, Inc., from carrying out an alleged resolution of the Board of Governors of the Exchange of October 15, 1941, directing the liquidation and settlement of all outstanding raw silk contracts made on the Exchange at...

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