Deutsche Bank Und Disconto-Gesellschaft v. Cummings

District of Columbia Court of Appeals

Deutsche Bank Und Disconto-Gesellschaft v. Cummings

2 D.C. 22

CourtDistrict of Columbia Court of Appeals

DecidedJuly 1, 1935

DocketEquity No. 57784

StatusPublished

This text of 2 D.C. 22 (Deutsche Bank Und Disconto-Gesellschaft v. Cummings) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deutsche Bank Und Disconto-Gesellschaft v. Cummings, 2 D.C. 22 (D.C. 1935).

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Opinion

BAILEY, J.

I think that Congress has full power to dispose of enemy property seized by the Alien Property Custodian, and make such changes in regard to that disposition as may [23]*23from time to time seem advisable. The courts have uniformly held that a suit against the Alien Property Custodian is a suit against the United States, and have also held that Congress may grant and may withdraw the privilege of bringing suit against the United States. When that privilege is withdrawn, the courts are powerless to act.

I can see nothing unconstitutional in the withdrawal by Congress of this privilege, and the motion to dismiss the bill of complaint should be sustained.

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BAILEY, J.

I think that Congress has full power to dispose of enemy property seized by the Alien Property Custodian, and make such changes in regard to that disposition as may [23]*23from time to time seem advisable. The courts have uniformly held that a suit against the Alien Property Custodian is a suit against the United States, and have also held that Congress may grant and may withdraw the privilege of bringing suit against the United States. When that privilege is withdrawn, the courts are powerless to act.

I can see nothing unconstitutional in the withdrawal by Congress of this privilege, and the motion to dismiss the bill of complaint should be sustained.

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Bluebook (online)

2 D.C. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-und-disconto-gesellschaft-v-cummings-dc-1935.