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TRENT TRUST COMPANY, LTD. v. KENNEDY

No. 16460.

307 F.2d 174 (1962)

TRENT TRUST COMPANY, LTD. et al., Appellants, v. Robert F. KENNEDY, Attorney General of the United States, as Successor to the Alien Property Custodian, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 4, 1962.

Opinion Amended and Petition for Rehearing Denied September 14, 1962.

Attorney(s) appearing for the Case

Mr. William D. Donnelly, Bethesda, Md., for appellants.

Mr. Armand B. DuBois, Atty., Dept. of Justice, with whom Asst. Atty. Gen. William H. Orrick, Jr., was on the brief, for appellee. Mr. Morton Hollander, Atty., Dept. of Justice, also entered an appearance for appellee.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an alien property case. The Trent Trust Company of Honolulu, Hawaii, was held liable in 1928 to pay damages to certain German nationals for breach of trust in failing to bring suit under Section 9 of the Trading with the Enemy Act1 to recover property which had been taken and sold by the Alien Property Custodian during World War I. The property was part of a trust under which the German nationals were...

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