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KENNEDY v. ENGELHARD INDUSTRIES, INC.

No. 13372.

288 F.2d 642 (1961)

Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian v. ENGELHARD INDUSTRIES, INC., Appellant.

United States Court of Appeals Third Circuit.

Decided April 5, 1961.

Attorney(s) appearing for the Case

James E. Bryan, Newark, N. J. (Karl Huber, Newark, N. J., Alan C. Rose, Summit, N. J., on the brief), for appellant.

David Moses, Washington, D. C. (Dallas S. Townsend, Sp. Asst. to the Atty. Gen., Chester A. Weidenburner, U. S. Atty., Dist. of New Jersey, Charles H. Hoens, Jr., Asst. U. S. Atty., Newark N. J., Irving Jaffe, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

This appeal, taken pursuant to authorization under 28 U.S.C. Section 1292(b), is from a summary judgment as to liability only entered against the defendant in the District Court for the District of New Jersey on Counts 1 and 2 of plaintiff's Complaint. Jurisdiction was invoked under 28 U.S.C. Section 1345 and under the Trading with the Enemy Act, as amended, 50 U.S.C.A.Appendix, Section 17.

The issues presented are, first, whether...

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