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VON HENNIG v. KENNEDY

Nos. 16199, 16201.

296 F.2d 420 (1961)

Horst VON HENNIG, Ancillary Executor of the Estate of Carlo von Wedekind, Deceased, Appellant, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, Appellee. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, Appellant, v. Horst VON HENNIG, Ancillary Executor of the Estate of Carlo von Wedekind, Deceased, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 19, 1961.

Petition for Rehearing Denied December 11, 1961.

Petition for Rehearing Denied December 11, 1961.

Attorney(s) appearing for the Case

Mr. James H. Mann, Washington, D. C., with whom Mr. John W. Pehle, Washington, D. C., was on the brief, for appellant in No. 16,199 and appellee in No. 16,201.

Mr. Irving Jaffe, Atty., Dept. of Justice, with whom Mrs. Mary P. Clark, Atty., Dept. of Justice, was on the brief, for appellee in No. 16,199 and appellant in No. 16,201.

Before EDGERTON, WASHINGTON, and BASTIAN, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc December 11, 1961.

PER CURIAM.

The plaintiff executor of Carlo von Wedekind has appealed from a judgment of the District Court dismissing on the merits an action to recover certain property vested by the Alien Property Custodian on the ground that plaintiff's decedent was not authorized by Section 9 (a) of the Trading with the Enemy Act of 1917, 40 Stat. 419, as amended, 50 U. S.C.A.Appendix, § 9(a), to claim...

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