Albert

Plaintiff filed a complaint in which she set up that she is unmarried and not an “enemy” or “ally of enemy” within the meaning of Section 2 of the Trading with the Enemy Act, as amended. She claims an “interest, right, or title” in certain property seized by the Alien Property Custodian and prays recovery thereof. She alleges in her first cause of action that on August 28, 1942, when by executive order such properties were vested in United States officials, she was the owner of certain shares of common stock of Resinous Products & Chemical Company, an American corporation, which stocks theretofore had been registered in the name of Chemie Holding, A.G., a Luxembourg corporation. In the alter native second cause of action, after the allegation that she is not an enemy, she alleges that she had been prior to the vesting order and “is now the equitable and ultimate beneficial owner of * * * one-half (%) interest” in said property.

Defendant moved for summary judgment upon the complaint (which in each of its divisions concededly states a cause of action) and upon the following documents inter alia: Exhibit Á, a certificate that Resinous was vested “as the property of Chemisehe…