HEYDEN CHEMICAL CORPORATION v. CLARK


85 F.Supp. 949 (1948)

HEYDEN CHEMICAL CORPORATION v. CLARK, Attorney General.

United States District Court S. D. New York.

October 23, 1948.


Attorney(s) appearing for the Case

Fulton, Walter & Halley, New York City, and Harmon Duncombe, and Robert M. Davis, New York City, for plaintiff.

John F. X. McGohey, New York City, and Laurence H. Axman, New York City, James D. Hill, Washington, D. C., for Tom C. Clark, Attorney General.


BONDY, District Judge.

The defendant moves for judgment dismissing the complaint upon the grounds that it fails to state a claim upon which relief can be granted and that the court lacks jurisdiction over the subject matter of the action.

The plaintiff brought this action under Section 9(a) of the Trading With The Enemy Act of 1917, as amended, 50 U.S. C.A.Appendix, Section 9(a), and the Fifth Amendment to the Constitution of the United States, for a judgment...

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