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CLARK v. TIBBETTS

79 F.Supp. 60 (1947)

CLARK v. TIBBETTS et al.

District Court, S. D., New York.

July 11, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., and David McKibbin, Asst. U. S. Atty., both of New York City, John F. Sonnett, Asst. U. S. Atty. Gen., Harry LeRoy Jones and Albert Parker, Sp. Assts. to Atty. Gen. and Elmer J. Kelsey, of New York City, for plaintiff.

Tibbetts, Lewis, Lazo & Welch, of New York City (Murray D. Welch and George A. Dickinson, both of New York City, of counsel), for defendants Tibbetts and Lewis.

Nathaniel L. Goldstein, Atty. Gen. of New York, and Corning G. McKennee, Asst. Atty. Gen., as the statutory representative of the unknown beneficiaries of gifts and trusts for educational, religious, charitable and benevolent uses and purposes.

CAFFEY, District Judge.

Since my opinion was rendered, Tom C. Clark, United States Attorney General, has been substituted as plaintiff herein for James E. Markham, Alien Property Custodian of the United States. Plaintiff now suggests that the judgment, which I directed to be entered and which has now been submitted for my signature should be modified by eliminating therefrom the following paragraph, viz.:

"(6) that Harland B. Tibbetts having died without exercising...

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