Koehler

This is an appeal by the executors and trustees of the last will and codicil thereto of Bertha Koehler, deceased, and by Kurt H. Koehler in his individual status, from the “final judgment order” of the District Court for the District of Oregon dismissing an action for want of jurisdiction.

Specifically, the court below, after trial, concluded that the cause being against the Alien Property Custodian was actually a suit against the United States of America, and that inasmuch as the sovereign has not consented to be made a codefendant, no foundation in law existed for the action-and it was therefore dismissed.

The appellants concede that the suit is one against the United States and also that the 'sole measure of the court’s authority to entertain the action at their instance must be found in Section 9(a) of the Trading with the Enemy Act of October 6, 1917, as amended, (hereinafter called the Act), 50 U.S.C.A.Appendix, § 9(a).

*781 Pursuant to stipulation and by order of this court Tom C. Clark, Attorney General of the United States, has been substituted as the appellee in lieu of the Alien Property Custodian, (hereinafter called the Cus-' todian). All functions material to…