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ROGERS v. SCHILLING

No. 14723.

268 F.2d 584 (1959)

William P. ROGERS, Attorney General of the United States, Appellant, v. Walter SCHILLING, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 21, 1959.

Attorney(s) appearing for the Case

Mr. George B. Searls, Attorney, Department of Justice, with whom Mr. Irwin A. Seibel and Miss Sharon L. King, Attorneys, Department of Justice, were on the brief, for appellant. Mr. Victor R. Taylor, Attorney, Department of Justice, also entered an appearance for appellant.

Mr. Henry I. Fillman, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Isadore G. Alk, Washington, D. C., and Otto C. Sommerich, New York City, were on the brief, for appellee.

Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.

PER CURIAM.

This is an alien property case. Plaintiff-appellee, a German national, applied to the Attorney General for relief under Section 32 of the Trading With the Enemy Act,1 claiming to be a persecuted person within the scope of the first proviso of Section 32(a) (2) (D).2 The Attorney General, after hearing, found that plaintiff was not within the class intended to be benefited by that proviso, and refused...

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