JOSEPHBERG v. MARKHAM

No. 83.

152 F.2d 644 (1945)

JOSEPHBERG et al. v. MARKHAM, Alien Property Custodian.

Circuit Court of Appeals, Second Circuit.

December 10, 1945.


Attorney(s) appearing for the Case

Hobart S. Bird, of New York City (Hobart S. Bird and Maurice Josephberg, both of New York City, of counsel), for appellants.

John F. X. McGohey, U. S. Atty., of New York City, and C. E. Rhetts, Acting Head, War Division, Harry LeRoy Jones, Chief, Alien Property Litigation Unit, M. S. Isenbergh, and David Schwartz, Chief Trial Attys., War Division, Department of Justice, all of Washington, D. C. (William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.


CHASE, Circuit Judge.

The appellants, a committee of one Alfred Cerutti, an incompetent, seek to recover property of the incompetent committed to their care which had been vested by the Alien Property Custodian under order of August 3, 1943.1 Cerutti was born in Italy, and came to this country in 1913, becoming a naturalized citizen in 1926. At least as early as 1931, he was afflicted with a mental disease known as paranoid schizophrenia...

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