TATERKA v. BROWNELL


117 F.Supp. 506 (1953)

TATERKA v. BROWNELL, Atty. Gen.

United States District Court S. D. New York.

November 23, 1953.


Attorney(s) appearing for the Case

James J. Cally, New York City, for plaintiff.

Dallas S. Townsend, Asst. Atty. Gen., James D. Hill, Chief, Litigation Branch, David Schwartz and Ernest S. Carsten, Attys., Office of Alien Property, Dept. of Justice, Washington, D. C., and J. Edward, Lumbard, U. S. Atty., Milton E. Lacina, Asst. U. S. Atty., New York City, for defendant.


SUGARMAN, District Judge.

Defendant moves for summary judgment in a suit brought against him by plaintiff, a citizen of the United States under Title 50 U.S.C.A.Appendix, § 9 (a).

The basic question posed is whether a non-enemy stockholder of an enemy-domiciled corporation may have the value of his stock out of the assets of said corporation seized pursuant to the act.

I am constrained to hold that he may, because of language in the dissenting...

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