ORVIS v. McGRATH

No. 256, Docket 22340.

198 F.2d 708 (1952)

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

United States Court of Appeals Second Circuit.

Decided June 30, 1952.


Attorney(s) appearing for the Case

Harold I. Baynton, Asst. Atty. Gen., Myles J. Lane, U. S. Atty. for Southern District of New York, New York City (James D. Hill, George B. Searls and Westley W. Silvian, Washington, D. C., of counsel), for appellant.

Baer, Marks, Friedman, Berliner & Klein, New York City (Donald Marks and Arthur M. Bullowa, New York City, of counsel), for appellees.

Joseph M. Cohen, New York City, for Leo Zittman, amicus curiæ.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. The Custodian argues that the court below had no jurisdiction of this suit because of § 34(f), 50 U.S.C.A.Appendix, § 34(f), which provides for judicial review in the District of Columbia exclusively. But § 34(i) says that no person asserting "any interest, right, or title" in property acquired by the Custodian shall be barred from proceeding for its return pursuant to the Act by reason of any proceeding he may have brought...

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