PROPPER v. CLARK

No. 390.

337 U.S. 472 (1949)

PROPPER, RECEIVER v. CLARK, ATTORNEY GENERAL, AS SUCCESSOR TO THE ALIEN PROPERTY CUSTODIAN, ET AL.

Supreme Court of United States.

Decided June 20, 1949.


Attorney(s) appearing for the Case

A. Walter Socolow and Joseph M. Cohen argued the cause and filed a brief for petitioner.

David Schwartz argued the cause for Clark, Attorney General, respondent. With him on the brief were Solicitor General Perlman, Assistant Attorney General Bazelon, James L. Morrisson and Joseph Laufer.

Louis D. Frohlich argued the cause and filed a brief for Deems Taylor, as President of the American Society of Composers, Authors and Publishers.


MR. JUSTICE REED delivered the opinion of the Court.

The Alien Property Custodian1 on April 22, 1946, began this action under § 17 of the Trading with the Enemy Act in the United States District Court for the Southern District of New York to obtain the payment, and a declaration of title in him as against the petitioner as receiver, of certain royalties owed by the American Society of Composers, Authors and Publishers (ASCAP) to Staatlich...

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