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KIND v. KENNEDY

No. 328, Docket 26589.

293 F.2d 618 (1961)

Hermann H. KIND, Plaintiff-Appellee, v. Robert F. KENNEDY, Attorney General of The United States of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 25, 1961.

Attorney(s) appearing for the Case

Walter T. Nolte, Atty., Dept. of Justice, Washington, D. C. (Paul V. Myron, Acting Director, Office of Alien Property, Washington, D. C., Morton S. Robson, Acting U. S. Atty., Southern Dist. of New York, New York City, Arthur R. Schor, Atty., Office of Alien Property, Dept. of Justice, Washington, D. C., on the brief), for defendant-appellant.

Arnold T. Koch, New York City (Wormser, Koch, Kiely & Alessandroni, New York City, on the brief), for plaintiff-appellee.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Plaintiff, a native-born citizen of the United States, brought this action against the Attorney General1 as successor to the Alien Property Custodian2 to recover the sum of $41,864.62 which had been vested in 1948 by the Custodian pursuant to Vesting Order No. 10,858. The property vested was a portion of plaintiff's interest in a trust created by the Will of his father; the...

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