Vowinckel

Vowinckel v. Sutherland

Good Law
24 F.2d 196·1928 U.S. App. LEXIS 1997
United States Court of Appeals for the Ninth CircuitJanuary 23, 1928No. 5231California1,103 words

Opinion

Lead Opinion

Rudkin, J.

The appellant heretofore brought suit against the Alien Property Custodian and others to establish his right and title to certain real and personal property seized by the Custodian under the Trading with the Enemy Act, 40 Stat. 411 (Comp. St. §'§ 3115%a-3115% j). On the original hearing in the court below a motion to dismiss the complaint was granted, but on appeal to this'court the decree of dismissal was reversed. Vowinckel v. First Federal Trust Co., 10 F.(2d) 19 . Upon a retrial after the case was remanded a decree was entered in favor of the appellant for the return of the property so seized by the Custodian, with a strict account of all such property. 15 F.(2d) 872 . The Custodian complied with the decree thus entered by returning to the appellant all property in his custody, after deducting certain expenses incurred by the Department of Justice in resisting the former appeal to this court, amounting in all to the sum of $759.09. The items deducted were as follows: “(1) Expenses of Deputy Attorney General C. W. McClean, for coming to San Francisco from Washington to argue the ease in the Circuit Court of Appeals, amounting to $617.99. (2) The government printer, $94.90. (3)…

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