BROWNELL v. EDMUNDS

No. 6614.

209 F.2d 349 (1953)

BROWNELL, Atty. Gen. v. EDMUNDS et al.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1953.


Attorney(s) appearing for the Case

Albert Parker, Attorney, Department of Justice, Washington, D. C. (Dallas S. Townsend, Asst. Atty. Gen., Washington, D. C., Howard C. Gilmer, Jr., U. S. Atty., Western District of Virginia, Roanoke, Va., James D. Hill, George B. Searls, Washington, D. C., and Elmer J. Kelsey, Attorneys, Department of Justice, New York City, on the brief), for appellant.

Edward S. Graves, Lynchburg, Va. (Thomas J. Williams and Edmunds, Whitehead, Baldwin and Graves, Lynchburg, Va., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal in an action commenced by the Attorney General in the court below pursuant to section 17 of the Trading with the Enemy Act, as amended, 50 U.S.C.A.Appendix, § 17, to recover a bequest in favor of certain German legatees under the will of Mrs. Shirley M. Suhling, who died a resident of Lynchburg, Virginia, in April 1945. In a prior action commenced by the Alien Property Custodian in 1946 to obtain the bequest, the District...

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