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ALLEN v. MARKHAM

No. 10760.

147 F.2d 136 (1945)

ALLEN et al. v. MARKHAM.

Circuit Court of Appeals, Ninth Circuit.

January 24, 1945.

Attorney(s) appearing for the Case

S. C. Masterson, of Richmond, Cal., for appellants.

Robert W. Kenny, Atty. Gen., and Everett W. Mattoon, Deputy Atty. Gen., for amicus curiæ Atty. Gen., of Cal.

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., George A. McNulty, Chief Alien Property Unit, Wallace H. Walker, Richard P. Lott, and Clarice Grosshandler, Atty., all of Washington, D. C., and Arthur J. DeLorimier, Asst. U. S. Atty., of San Francisco, Cal. (John Ernest Roe, Gen. Counsel to Alien Property Custodian, of Washington, D. C., of counsel), for appellee.

Before WILBUR, GARRECHT, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

The alien property custodian brought this action for a declaratory judgment against certain relatives of Alvina Wagner, alleging that the property involved had been covered by a vesting order and that he was entitled to possession thereof. He alleged that probate proceedings were in process in the superior court and that in that action a proceeding to determine heirship, Cal.Prob.Code, §§ 1080-1082, had been filed and was pending at...

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