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GRABBE v. BROWNELL

No. 339, Docket 24474.

247 F.2d 402 (1957)

Xenia GRABBE and Olga Gaydebouroff, Plaintiffs-Appellants, v. Herbert BROWNELL, Jr., Attorney General of the United States, as successor to the Alien Property Custodian, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 30, 1957.

Attorney(s) appearing for the Case

Feingold, Falussy & Gilbert, New York City (Alfred Feingold, New York City, of counsel), for plaintiffs-appellants.

Dallas S. Townsend, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty., E. D. N. Y.; Margaret E. Millus, Asst. U. S. Atty., Brooklyn, John J. Pajak, George B. Searls, Irwin A. Seibel, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before MEDINA and WATERMAN, Circuit Judges, and LEIBELL, District Judge.

WATERMAN, Circuit Judge.

The appellants, Xenia Grabbe and Olga Gaydebouroff, appeal from an order granting defendant's motion to dismiss their complaint on the ground that the District Court lacked jurisdiction over the subject matter of the action. The opinion below is reported at, 1956, 140 F.Supp. 4.

Appellants sued to recover property vested by the Alien Property Custodian by a vesting order dated August 21, 1944,...

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