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DAYTON v. GILLILLAND

No. 13340.

242 F.2d 227 (1957)

Paul DAYTON, Appellant, v. Whitney GILLILLAND, Pearl Carter Pace and Henry J. Clay, Constituting the Foreign Claims Settlement Commission of the United States, and George M. Humphrey as Secretary of the Treasury of the United States of America, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1957.

Attorney(s) appearing for the Case

Mr. Paul Ackerman, Washington, D. C., with whom Mr. George Jovanovich, Washington, D. C., was on the brief, for appellant.

Mr. B. Jenkins Middleton, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George Cochran Doub and Messrs. Oliver Gasch, U. S. Atty., and Samuel Slade, Atty., Dept. of Justice, were on the brief for appellees. Messrs. Lewis Carroll, Asst. U. S. Atty., and Robert L. Toomey, Asst. U. S. Atty. at the time record was filed, also entered appearances for appellees.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and WASHINGTON, Circuit Judges.

PER CURIAM.

In this suit in the District Court, the essential allegations of the complaint were similar to those in De Vegvar v. Gillilland, 1955, 97 U.S.App.D.C. 126, 228 F.2d 640, certiorari denied, 1956, 350 U.S. 994, 76 S.Ct. 543, 100 L.Ed. 859, and the case was held in abeyance pending termination of the De Vegvar litigation. After the decision in that case the defendants-appellees moved to dismiss the present suit on the ground...

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