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BECK v. McGRATH

No. 202, Docket 21491.

182 F.2d 315 (1950)

BECK v. McGRATH, Atty. Gen.

United States Court of Appeals Second Circuit.

Decided May 19, 1950.

Attorney(s) appearing for the Case

Hobart S. Bird, New York City, Lesser Brothers, New York City, for plaintiff-appellant, Rudolph J. Safarik, New York City, of counsel.

Ralph S. Spritzer, Washington, D. C., Harold I. Baynton, Acting Director, Office of Alien Property, Washington, D. C., Adrian W. Maher, United States Attorney, District of Connecticut, Hartford, Conn., James L. Morrisson, Attorney, Department of Justice, Washington, D. C., for defendant-appellee.

Before L. HAND, Chief Judge, and CHASE and CLARK, Circuit Judges.

PER CURIAM.

The plaintiff is in the dilemma that, if the sale of the shares was not subject to a right of repurchase by Scheerer, the parties never came to any agreement at all; in either event the "vesting" order of the Alien Property Custodian was lawful. The suggestion of a sale first came from Scheerer in a letter written to Beck on November 6, 1939, which was ambiguous, and which we may disregard. On November 30, he followed this by a radio, proposing a sale...

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