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CLARK v. E. J. LAVINO & CO.

No. 9709.

175 F.2d 897 (1949)

CLARK, Atty. Gen. v. E. J. LAVINO & CO.

United States Court of Appeals Third Circuit.

Decided June 1, 1949.

Attorney(s) appearing for the Case

Joseph W. Bishop, Jr., Washington. D. C. (David L. Bazelon, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., James P. McCormick, Asst. U. S. Atty., Philadelphia, Pa., James L. Morrisson, Washington, D. C., Attorneys, Department of Justice, on the brief), for appellant.

Joseph W. Henderson, Philadelphia, Pa. (Rawle & Henderson, Philadelphia, Pa., Thomas F. Mount, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief judge, and O'CONNELL and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The Attorney General, the Honorable Tom C. Clark, as successor1 to the Alien Property Custodian, has appealed from the judgment of the court below directing E. J. Lavino & Company ("Lavino") to turn over and deliver to the Custodian the sum of $25,000, insofar as the judgment failed to award interest.2

In July, 1941 Lavino became indebted...

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