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BANK OF THE PHILIPPINE ISLANDS v. ROGERS

Nos. 14807, 14808.

281 F.2d 12 (1959)

BANK OF THE PHILIPPINE ISLANDS, Appellant, v. William P. ROGERS, Attorney General of the United States and Successor to the Philippine Alien Property Administrator, et al., Appellees. PHILIPPINE NATIONAL BANK, A Philippine Corporation, Appellant, v. William P. ROGERS, Attorney General of the United States and Successor to the Philippine Alien Property Administrator, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 5, 1959.

Petition for Rehearing Denied January 11, 1960.

Rehearing Denied August 25, 1960.

Attorney(s) appearing for the Case

Mr. Joseph B. Friedman, Washington, D. C., with whom Mr. Melville E. Locker, Washington, D. C., was on the brief, for appellant in No. 14,807.

Mr. Matthew E. McCarthy, Washington, D. C., with whom Messrs. William H. Matthews and Ben Ivan Melnicoff, Washington, D. C., were on the brief, for appellant in No. 14,808.

Mr. Irwin A. Seibel, Attorney, Department of Justice, with whom Messrs. George B. Searls and Sidney Harris, Attorneys, Department of Justice, were on the brief, for appellees.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied January 11, 1960.

WASHINGTON, Circuit Judge.

These are separate appeals from a judgment of the District Court in favor of the defendants and against each of the plaintiffs in two civil actions consolidated for trial, which arose under Section 9(a) of the Trading with the Enemy Act, 40 Stat. 419 (1917), as amended, 50 U.S.C.A.Appendix, § 9(a), and the Fifth Amendment. The actions were brought by the Bank of the Philippine...

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