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BROWNELL v. MORIZO NAKASHIMA

No. 15197.

243 F.2d 787 (1957)

Herbert BROWNELL, Jr., Attorney General of the United States, as Successor to the Alien Property Custodian, Appellant, v. MORIZO NAKASHIMA, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 7, 1957.

Attorney(s) appearing for the Case

Dallas S. Townsend, Asst. Atty. Gen., Laughlin E. Waters, Los Angeles, Cal., Percy Barshay, San Francisco, Cal., James D. Hill, John J. Pajak, George B. Searls, Washington, D. C., for appellant.

Irvine P. Aten, James Kubota and Richard V. Aten, Fresno, Cal., for appellee.

Before FEE and HAMLEY, Circuit Judges, and CLARK, District Judge.

HAMLEY, Circuit Judge.

This is an appeal from a judgment for plaintiff in an action to recover property vested under the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 1 et seq. Plaintiff Akira Morimoto died after the appeal was filed, and his executor, Morizo Nakashima, now appears as appellee.

Appellant contends that the district court lacked jurisdiction because the action was not brought within the period of limitation specified in § 33 of...

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