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GRABBE v. BROWNELL

Civ. No. 16102.

140 F.Supp. 4 (1956)

Xenia GRABBE and Olga Gayderbouroff v. Herbert BROWNELL, Jr., etc.

United States District Court E. D. New York.

April 27, 1956.

Attorney(s) appearing for the Case

Albion W. Fenderson, Department of Justice, Washington, D. C., Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., by Dallas S. Townsend, Asst. Atty. Gen., and H. Elliot Wales, Asst. U. S. Atty., Brooklyn, N. Y., for the motion.

Feingold, Falussy & Gilbert, by Alfred Feingold, New York City, for plaintiffs, in opposition.

RAYFIEL, District Judge.

This is a motion to dismiss the complaint herein on the ground that the Court lacks jurisdiction of the subject matter of the action, in that this is an action against the United States which does not come within its consent to be sued, and is barred by Section 33 of the Trading With The Enemy Act, Title 50 U.S.C.A. Appendix, § 33.

The complaint states a cause of action against the defendant based upon the Fifth Amendment to the...

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