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PUBLIC ADM'R OF NEW YORK COUNTY v. BROWNELL

115 F.Supp. 139 (1953)

PUBLIC ADM'R OF NEW YORK COUNTY v. BROWNELL.

United States District Court S. D. New York.

September 21, 1953.

Attorney(s) appearing for the Case

Joseph T. Arenson, New York City, for plaintiff.

Dallas S. Townsend, Asst. Atty. Gen., J. Edward Lumbard, U. S. Atty., New York City. James D. Hill, Washington, D. C., Irving Jaffee, Attys., Department of Justice, New York City, for Herbert Brownell, Jr.

DIMOCK, District Judge.

Plaintiff moves for summary judgment directing the return of property taken from his intestate by the Alien Property Custodian who claimed that the distributees of the estate were "enemies" within the meaning of section 2 of the Trading With the Enemy Act, 50 U.S.C.App. § 2. That section in subdivision (a) classes as an enemy "[a]ny individual * * * of any nationality, resident within the territory...

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