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PANTZER v. ROGERS

Civ. No. 18536.

180 F.Supp. 659 (1959)

Karl PANTZER, Sophie I. Witt, Charles J. Leuffen, Ferdinand Leuffen, Theodore Koehn, Curt Grevenitz, Henry Schnoedewind, Fritz Schroeder and Joseph Lieblein, for themselves and on behalf of all other members of German-American Vocational League, Inc., and Theodore Koehn, Henry Schnoedewind, Fritz Schroeder and Joseph Lieblein, as directors of and trustees for German-American Vocational League, Inc. and its members, and as directors of D.A.B. Recreational Resort, Inc., Plaintiffs, v. William P. ROGERS, Attorney General of United States, as successor to Alien Property Custodian, Defendant.

United States District Court E. D. New York.

December 4, 1959.

Attorney(s) appearing for the Case

George C. Dix, New York City, for plaintiffs.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Robert C. Carey, Asst. U. S. Atty., Brooklyn, N. Y., for defendant.

BRUCHHAUSEN, Chief Judge.

The defendant, pursuant to Rules 12, 17 and 23(a) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., moves to dismiss the action upon the ground that the complaint fails to state a claim for which relief can be granted.

The facts briefly are as follows: The plaintiffs sue as a class, also as trustees of German-American Vocational League, Inc., hereinafter called German-American, and D.A.B. Recreational Resort, Inc., hereinafter...

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