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ROGERS v. MARON

No. 14109.

257 F.2d 622 (1958)

William P. ROGERS, Attorney General of the United States, as Successor to the Alien Property Custodian, Appellant, v. Philip J. MARON, Executor of the Estate of C. Hermann Scherf, Deceased, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1958.

Certiorari Denied October 13, 1958.

Attorney(s) appearing for the Case

Mr. Irwin A. Seibel, Attorney, Department of Justice, Washington, D. C., with whom Mr. George B. Searls, Attorney, Department of Justice, Washington, D. C., and Mr. John J. Pajak, were on the brief, for appellant.

Miss Hermine Herta Meyer, Washington, D. C., with whom Messrs. Harry W. Blair and Newell Blair, Washington, D. C., were on the brief, for appellee.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

Certiorari Denied October 13, 1958. See 79 S.Ct. 63.

WASHINGTON, Circuit Judge.

This case raises questions relative to "debt claims" by American citizens against alien property seized by the Government. The governing statute is Section 34(a) of the Trading With the Enemy Act, 60 Stat. 925 (1946), 50 U.S. C.A.Appendix § 34(a), which provides in pertinent part:

"No debt claim shall be allowed under this section if it was not due and owing at the...

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