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FEYERABEND v. McGRATH

No. 10729.

189 F.2d 694 (1951)

FEYERABEND v. McGRATH, Atty. Gen., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1951.

Attorney(s) appearing for the Case

George Eric Rosden, Washington, D. C., for appellant.

Walter T. Nolte, Attorney, Department of Justice, Washington, D. C., with whom Asst. Atty. Gen. Harold I. Baynton and George B. Searls, Attorney, Department of Justice, Washington, D. C., were on the brief, for appellees.

George Morris Fay, U. S. Atty. and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., also entered appearances in behalf of appellees.

Before EDGERTON, CLARK, and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

Appellant sued in the District Court for return of property vested under the Trading With the Enemy Act, 50 U.S.C.A.Appendix, § 5(b). A summary judgment was entered in appellees' favor. Undisputed facts in the record reveal that appellant was a native-born citizen of the United States; that in 1904 she married a German citizen; that ever since the marriage she has lived in Germany, and that the vested property was inherited from her parents...

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