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ROYAL EXCHANGE ASSURANCE v. ROGERS

No. 238, Docket 24621.

257 F.2d 582 (1958)

ROYAL EXCHANGE ASSURANCE, Trustee, Plaintiff-Appellant, v. William P. ROGERS, Attorney General of the United States, Successor to the Alien Property Custodian, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 17, 1958.

Rehearing Denied August 14, 1958.

Attorney(s) appearing for the Case

Cahill, Gordon, Reindel & Ohl, New York City, for appellant, Mathias F. Correa, William W. Dulles, Peyton H. Moss, and Immanuel Kohn, New York City, of counsel.

Dallas S. Townsend, Asst. Atty. Gen., Arthur H. Christy, Chief Asst. U. S. Atty., New York City, George B. Searls, Irving Jaffe, and Max Wilfant, Attys., Dept. of Justice, Washington, D. C., and Milton E. Lacina, Asst. U. S. Atty., New York City, of counsel, for appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by the plaintiff from a judgment for the defendant in an action brought under § 9(a) of the Trading with the Enemy Act, 50 U.S.C.A. Appendix § 9(a), to recover approximately $6,000,000 vested by the defendant as property of the Deutsches Kalisyndikat, a German corporation (hereafter referred to as the Company). The plaintiff, a British corporation, sued in its capacity as trustee for bondholders of the Company. The...

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