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KOEHLER v. CLARK

No. 11746.

170 F.2d 779 (1948)

KOEHLER et al. v. CLARK, Attorney General, et al.

United States Court of Appeals Ninth Circuit.

November 15, 1948.

Attorney(s) appearing for the Case

William L. Brewster, Hart, Spencer, McCulloch & Rockwood, Fletcher Rockwood, and James Richard Devers, all of Portland, Or., for appellants.

David L. Bazelon, Asst. Atty. Gen., Henry L. Hess, U. S. Atty., V. E. Harr, Asst. U. S. Atty., both of Portland, Or., Max. Isenbergh, Sp. Asst. to Atty. Gen., and David E. Feller and Joseph W. Bishop, Jr., Attys., Dept. of Justice, both of Washington, D. C., for appellee Tom C. Clark.

Before DENMAN, Chief Judge, ORR, Circuit Judge, and McCORMICK, District Judge.

McCORMICK, District Judge.

This is an appeal by the executors and trustees of the last will and codicil thereto of Bertha Koehler, deceased, and by Kurt H. Koehler in his individual status, from the "final judgment order" of the District Court for the District of Oregon dismissing an action for want of jurisdiction.

Specifically, the court below, after trial, concluded that the cause being against the Alien Property Custodian was actually a suit against the...

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