RASHAP v. BROWNELL

No. 170, Docket 23797.

229 F.2d 193 (1956)

Frank RASHAP, Plaintiff-Appellant, v. Herbert BROWNELL, Attorney General of the United States, Defendant-Respondent, Aramo-Stiftung, Defendant-Intervener-Respondent.

United States Court of Appeals Second Circuit.

Decided January 20, 1956.


Attorney(s) appearing for the Case

Monroe Collenburg, New York City (Hardin, Hess & Eder and Timothy P. Walsh, New York City, on the brief), for plaintiff-appellant.

Dallas S. Townsend, Asst. Atty. Gen. (Leonard P. Moore, U. S. Atty. for Eastern Dist. of N. Y., Brooklyn, N. Y., and James D. Hill, George B. Searls, and Westley W. Silvian, Office of Alien Property, Washington, D. C., on the brief), for defendant-appellee.

Lawrence S. Lesser, Washington, D. C. (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, and Pehle, Lesser, Mann, Riemer & Luxford, Washington, D. C., on the brief), for defendant-intervener-respondent.

Before CLARK, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.


CLARK, Chief Judge.

The plaintiff, a practicing attorney in New York City, sued under § 9(a) of the Trading with the Enemy Act, 50 U.S.C. Appendix, § 9(a), to establish a possessory lien to cover the reasonable value of his services as claimed "agent and custodian" of money and securities in a safe deposit box at the Chase National Bank in New York City in the name of Oak Commercial Corporation until vested by the Attorney General of the United States as...

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