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BRASSERT v. CLARK

No. 278, Docket 20574.

162 F.2d 967 (1947)

BRASSERT v. CLARK.

Circuit Court of Appeals, Second Circuit.

July 30, 1947.

Attorney(s) appearing for the Case

George B. Searls, of Washington, D. C., David L. Bazelon, Asst. Atty. Gen., Adrian W. Maher, U. S. Atty. for the Dist. of Connecticut, of Hartford, Conn., Harry LeRoy Jones, Sp. Asst. to the Atty. Gen., George W. Jansen, Chief Trial Atty., and Samuel Z. Gordon, Atty., Dept. of Justice, both of Washington, D. C., for appellant.

Bernard Phillips, of New York City, Scandrett, Tuttle & Chalaire, of New York City, for appellee.

Before L. HAND, SWAN and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The defendant appeals from a judgment for the plaintiff in an action brought under § 9(a) of the Trading with the Enemy Act.1 The only question is whether the district judge's findings were "clearly erroneous" that the enemy-owned property seized by the Property Custodian had been lawfully transferred to the plaintiff, an American citizen, and belonging to him when seized. The Custodian's vesting order of January...

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