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HALBACH v. MARKHAM

No. 10907.

207 F.2d 503 (1953)

Elizabeth S. HALBACH and Franklin H. Stafford, as Trustees Under Agreement of Trust Made by Ernest K. Halbach, Dated December 6, 1940, v. James E. MARKHAM, as Alien Property Custodian. Appeal of Anne Halbach BUMSTED and Mary Elizabeth Kemmerer, Successors in Interest to the Above-named Trustees.

United States Court of Appeals Third Circuit.

Decided November 2, 1953.

Attorney(s) appearing for the Case

Alvin O. West, Washington, D. C. (Joseph B. Keenan, Washington, D. C., Thomas J. Brogan, Jersey City, N. J., on the brief), for appellants.

David Schwartz, Washington, D. C. (Rowland F. Kirks, Asst. Atty. Gen., Director, Office of Alien Property, Washington, D. C., Paul V. Myron, Deputy Director, Dorchester, Mass., Grover C. Richman, Jr., U. S. Atty., Dist. of N. J., Camden, N. J., James D. Hill, George B. Searls, Paul E. McGraw, Washington, D. C., Attorneys, on the brief), for appellee.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.

PER CURIAM.

The plaintiffs appeal from an order of the district court denying their motion filed January 25, 1951 to vacate the stipulation and judgment of dismissal with prejudice which had been entered by the district court on February 2, 1945 in their action to recover from the defendant 4725 shares of stock of General Dyestuffs Corporation which he had seized on June 30, 1942 under the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 1 et seq. The stipulation...

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