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COMMONWEALTH OF MASSACHUSETTS v. KENNEDY

No. 5791.

290 F.2d 223 (1961)

COMMONWEALTH OF MASSACHUSETTS et al., Defendants, Appellants, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

May 16, 1961.

Attorney(s) appearing for the Case

William C. Ellis, Asst. Atty. Gen., of Massachusetts, with whom Edward J. McCormack, Jr., Atty. Gen. of Massachusetts, was on the brief, for appellants.

Norman A. Hubley, Asst. U. S. Atty., Boston, Mass., with whom W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., was on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

The Trading with the Enemy Act, 50 U.S.C.A. Appendix, §§ 1-39, does not provide for interest in the ordinary case where a party fails to honor a demand for payment by the Alien Property Custodian. McGrath v. Manufacturers Trust Co., 1949, 338 U.S. 241, 70 S.Ct. 4, 94 L.Ed. 31. We see no greater reason to charge interest against the defendant because it happens to be a sovereign state. Indeed, there may well be...

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