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VON WEDEL v. McGRATH

No. 10016.

180 F.2d 716 (1950)

VON WEDEL v. McGRATH.

United States Court of Appeals Third Circuit.

Decided March 8, 1950.

Attorney(s) appearing for the Case

Peter J. Kooiman, New York City, Russell C. MacFall, Ridgewood, N. J., for appellant.

Robert B. McKay, Washington, D. C. (Harold I. Baynton, Acting Director, Office of Alien Property, Washington, D. C., Alfred E. Modarelli, United States Attorney for the District of New Jersey, Newark, N. J., James L. Morrisson, Washington, D. C., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an equity action under the provisions of Section 9(a) of the Trading with the Enemy Act, 40 Stat. 411, 50 U.S.C.A. Appendix, § 9(a). It sought the recovery of certain personal property vested in the Attorney General as successor to the Alien Property Custodian. The complaint was dismissed below on the ground that it appears on its face "that the plaintiff has no interest, right or title...

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