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SWISS BANK CORPORATION v. CLARK

Civ. 32-570.

73 F.Supp. 896 (1947)

SWISS BANK CORPORATION v. CLARK.

District Court, S. D. New York.

August 15, 1947.

Attorney(s) appearing for the Case

White & Case, of New York City (Lowell Wadmond and James McCarron, both of New York City, of counsel), for plaintiff.

John F. X. McGohey, U. S. Atty., of New York City, for the Southern Dist. of New York.

Lawrence H. Axman, Asst. U. S. Atty., of New York City, John F. Sonnett, Asst. Atty. Gen., Harry LeRoy Jones, Sp. Asst. to the Atty. Gen., and George B. Searls and George W. Jansen, Chief Trial Attys., both of Washington, D. C., for defendant.

BRIGHT, District Judge.

Defendant moves for judgment on the pleadings upon the ground that the complaint fails to state a claim upon which relief can be granted, for the reason that it appears that plaintiff is a national of a foreign country whose property the Alien Property Custodian was authorized to vest and retain under § 5(b) of the Trading With the Enemy Act, 50 U.S.C.A.Appendix, § 5(b), as amended by Title III of the First War Powers Act of 1941...

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