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INTERNATIONAL MORTGAGE & INVESTMENT CORP. v. VON CLEMM

No. 158, Docket 27178.

301 F.2d 857 (1962)

INTERNATIONAL MORTGAGE & INVESTMENT CORPORATION (derivatively by Edward H. Heims et al.), Applicant for Intervention, Edward H. Heims et al., etc., Individually, Joint applicants for Intervention, Hans Kroch et al., etc., Individually, Joint applicants for Intervention, Appellants, v. Werner C. VON CLEMM and Rayford W. Alley, Trustee, co-partners under the name of Bridge Import Company, a co-partnership, and Werner C. Von Clemm, individually, Plaintiffs-Appellees, and Elizabeth Rudel Smith, Treasurer of the United States, Robert F. Kennedy, Attorney General of the United States, and Pioneer Import Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided April 5, 1962.

Attorney(s) appearing for the Case

Henry F. Butler, Washington, D. C. (Amos J. Peaslee, Jr., New York City, on the brief), for appellants International Mortgage & Investment Corp. and Edward H. Heims.

George Eric Rosden, Washington, D. C. (Waldemar J. Dittmar, New York City, on the brief), for appellants Hans Kroch, and others.

Alexander Kahan, New York City, for plaintiffs-appellees Werner C. Von Clemm, and others.

Michael A. Berch, Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., and Eugene R. Anderson and David Klingsberg, Asst. U. S. Attys., on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

LUMBARD, Chief Judge.

Whether shareholders and equitable owners of a corporation claiming ownership of property seized by the Alien Property Custodian may intervene as parties defendant in a suit by other claimants to the vested property against the Office of Alien Property so that they may protect their corporate and individual rights is the question for decision on this appeal.

The suit was commenced in July 1960 by Werner Von Clemm and Rayford W. Alley...

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