VON CLEMM v. SMITH


204 F.Supp. 110 (1962)

Werner C. VON CLEMM, Plaintiff, v. Elizabeth R. SMITH, Treasurer, and Robert F. Kennedy, Attorney General of the United States, Defendants.

United States District Court S. D. New York.

April 10, 1962.


Attorney(s) appearing for the Case

John F. Nixon, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. (Arthur S. Olick, Asst. U. S. Atty., New York City; Carl F. Goodman, Attorney, Department of Justice, Washington, D. C., of counsel), for defendants.


RYAN, Chief Judge.

Plaintiff, an American citizen, on June 23, 1959 filed this suit to recover certain German Government bond coupons vested by the Alien Property Custodian, which he claims he owns. (Trading with the Enemy Act, as amended, 50 U.S.C.A. Appendix § 1 et seq.) Jurisdiction is predicated under Section 9(a) of the Act. Defendants by answer have denied the alleged non-enemy status of plaintiff and his ownership of the coupons.

Plaintiff, urging...

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