Vowinckel

This is a suit under section 9 of the Trading with the Enemy Act (Comp. St. § 3115%e), in which plaintiff seeks the recovery of certain property seized by the Alien Property Custodian in 1917. The allegations of the bill are fully set forth in a recent decision by the Circuit' Court of Appeals, which reversed a decree of this court granting a motion to dismiss. Vowinckel v. First Federal Trust Company (C. C. A. 9) 10 F.(2d) 19 .

The plaintiff was bom in Germany, where he graduated from the University of Berlin and was granted a license to practice medicine. In 1892 he came to the United States and took up a residence in California, where a similar license was granted him, and where for 17 years he had a notable career as chief surgeon of the California Woman’s Hospital. After the World War had broken out, he joined the German Red Cross and returned to Germany.

From October 26, 1915, until hostilities had ceased, he was actively engaged as a physician and surgeon in treating, without regard to nationality, flag, or rank, all wounded combatants and civilians who were brought before him. When the war ended, he attempted to return to the United States. It was not, however, until…