CLOSTERMANN v. SCHMIDT


215 Or. 55 (1958)

332 P.2d 1036

CLOSTERMANN, EXECUTOR v. SCHMIDT ET AL ROGERS

Supreme Court of Oregon.

Affirmed December 10, 1958.


Attorney(s) appearing for the Case

Irwin A. Seibel, Washington, D.C., argued the cause for appellant. With him on the brief were Dallas S. Townsend, Assistant Attorney General, Director, Office of Alien Property, Washington, D.C., C.E. Luckey, United States Attorney for the District of Oregon, Portland, Valentine C. Hammack, Special Assistant to the Attorney General, Washington, D.C., James D. Hill, Washington, D.C., and George B. Searls, Washington, D.C.

A.G. Clostermann, Portland, argued the cause for respondent Robert G. Clostermann. With him on the brief was Robert G. Clostermann, Portland. Catherine Zorn, Assistant Attorney General, Salem, argued the cause for respondent State Land Board of the State of Oregon. With her on the brief was Robert Y. Thornton, Attorney General, Salem.

Before LUSK, Presiding Justice, WARNER, SLOAN and O'CONNELL, Justices.


AFFIRMED.

WARNER, J.

This is an appeal by the defendant Attorney General of the United States, acting in his capacity as the Alien Property Custodian, pursuant to the Trading with the Enemy Act (50 USC App § 1 et seq.), and to whom we will hereinafter refer as "the Custodian." It has its origin in a proceeding for a declaratory judgment initiated by Robert G. Clostermann, as executor of the last will and testament...

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