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SCHMEUSSER v. KATZENBACH

No. 8339.

355 F.2d 77 (1966)

Omar SCHMEUSSER, Appellant, v. Nicholas de B. KATZENBACH, Attorney General of the United States of America, Dean Rusk, as Secretary of State of the United States of America, the United States of America, the Gulf Oil Corporation, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

January 7, 1966.

Attorney(s) appearing for the Case

Leslie L. Conner and James M. Little, Oklahoma City, Okl. (N. Richard Manning and Conner, Little & Conner, Oklahoma City, Okl., of counsel, on the brief), for appellant.

Florence Wagman Roisman, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., with her on the brief), for appellees Nicholas de B. Katzenbach, U. S. Atty. Gen., Dean Rusk, Secretary of State, and the United States.

James B. Diggs, Oklahoma City, Okl., for appellee Gulf Oil Corp.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

Appellant sought, as a "successor in interest" of his deceased father, Carl Anton Schmeusser, to recover certain property which had vested in appellees under the Trading with the Enemy Act, 40 Stat. 411, 50 U.S.C.App. § 1. The trial court granted summary judgment for defendants-appellees on the pleadings, and this appeal was taken. Appellant's father had in 1950 also brought an action to recover the property, but judgment was rendered against...

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