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BANK VOOR HANDEL EN SCHEEPVAART, N.V. v. KENNEDY

Nos. 15932-15935.

288 F.2d 375 (1961)

BANK VOOR HANDEL EN SCHEEPVAART, N.V., Appellant, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, et al., Appellees. N.V. HOLLANDSCH-AMERIKAANSCHE BELEGGINGS-MAATSCHAPPIJ (Holland-American Investment Corporation), Appellant, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, et al., Appellees. N.V. HANDELSCOMPAGNIE RUILVERKEER, Appellant, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, et al., Appellees. N.V. HANDELS-EN-TRANSPORT-MAATSCHAPPIJ, "VULCAAN", Appellant, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Mr. Robert L. Augenblick, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Lawrence C. Moore, Washington, D. C., was on the brief, for appellants.

Mr. Arthur R. Schor, Attorney, Department of Justice, with whom Miss M. Magdalena Schoch, Attorney, Department of Justice, was on the brief, for appellees.

Mr. Walter A. Slowinski, Washington, D. C., filed a brief on behalf of J. H. van Roijen, Ambassador Plenipotentiary, Kingdom of the Netherlands, as amicus curiae, urging reversal.

Before EDGERTON, PRETTYMAN, and FAHY, Circuit Judges.

PER CURIAM.

Because their country was occupied by the enemy, property of appellant Netherlands corporations was vested during World War II under § 5 of the Trading with the Enemy Act. 40 Stat. 411, 415, as amended, 50 U.S.C.A.Appendix, § 5, After failing to recover the property in an administrative proceeding, appellants filed complaints demanding its return. The District Court dismissed the complaints for lack of jurisdiction.

By § 9(a) of...

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