J. KAHN & CO. v. CLARK

No. 12863.

178 F.2d 111 (1949)

J. KAHN & CO., Inc. v. CLARK, Attorney General et al.

United States Court of Appeals Fifth Circuit.

December 2, 1949.


Attorney(s) appearing for the Case

C. M. Smithdeal, Dallas, Texas, for appellant.

Ralph S. Spritzer, Attorney, Dept of Justice, Washington, D. C., Frank B. Potter, U. S. Attorney, Fort Worth, Texas, William P. Fonville, Asst. U. S. Atty., Dallas, Texas, for appellee.

Before HUTCHESON and RUSSELL, Circuit Judges, and DOOLEY, District Judge.


HUTCHESON, Circuit Judge.

The suit, brought under Sec. 9(a) of the Trading with the Enemy Act, 40 Stat. 411, as amended, 50 U.S.C.A.Appendix, §§ 1 to 39, was to recover $16,000.00 seized and paid over under vesting order of May 27, 1947, as money owed by plaintiff, a cotton merchant organized under the laws of Texas, on that date to Asahi Menka Shokai, a Japanese national.

The claim was that: though plaintiff had entered on its books on October 21...

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