McGRATH v. CITIES SERVICE CO.


93 F.Supp. 408 (1950)

McGRATH, Atty. Gen., v. CITIES SERVICE CO. et al.

United States District Court S. D. New York.

October 24, 1950.


Attorney(s) appearing for the Case

Irving H. Saypol, United States Attorney for Southern District of New York, New York City, James A. Devlin, Assistant United States Attorney, New York City, George B. Searls, Edward J. Friedlander, Attorneys, Office of Alien Property, Department of Justice, Washington, D. C., for plaintiff.

Milbank, Tweed, Hope & Hadley, New York City, Timothy N. Pfeiffer, New York City, for Chase Nat. Bank of City of New York.

Frueauff, Burns, Ruch & Farrell, New York City, for Cities Service Co.


McGOHEY, District Judge.

Each party moves either for judgment on the pleadings or for summary judgment. There appears to be no issue between the parties as to any material fact.

Vesting Order 12960, executed March 11, 1949, vested in the Attorney General as successor to the Alien Property Custodian as "property within the United States owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or which is evidence of...

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