McGranery Atty. Gen. v. Vort and Five Other Cases

D.C. Circuit

McGranery Atty. Gen. v. Vort and Five Other Cases

199 F.2d 782, 91 U.S. App. D.C. 262, 1952 U.S. App. LEXIS 3435

CourtCourt of Appeals for the D.C. Circuit

DecidedOctober 13, 1952

Docket11199_1

StatusPublished

Cited by1 cases

This text of 199 F.2d 782 (McGranery Atty. Gen. v. Vort and Five Other Cases) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McGranery Atty. Gen. v. Vort and Five Other Cases, 199 F.2d 782, 91 U.S. App. D.C. 262, 1952 U.S. App. LEXIS 3435 (D.C. Cir. 1952).

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Opinion

PER CURIAM.

These appeals and cross-appeals arise out of three consolidated suits brought under § 9(a) of the Trading with the Enemy Act, 1 whereby plaintiffs sought recovery from the Attorney General, successor to the Alien Property Custodian, of 810 shares of the capital stock of Herman Basch & Co., Inc., which had been vested by the Custodian under said Act. The defendant counterclaimed to recover from plaintiffs dividends received by them on said shares.

Plaintiffs’ contention that they were bona fide owners of all the stock at the time of vesting, and therefore entitled to a return, was opposed by the contention that plaintiffs held the shares for German nationals and had conspired to cloak and conceal true ownership from the United States.

The trial court’s findings sustained the defendant’s claim as to 408 shares, and the judgment denied return of same-. The counterclaim for dividends received by plaintiffs on those shares was also granted, with interest on the amounts thereof, but an off-set for federal income taxes paid on such dividends was allowed. As to the remaining 402 shares, the court’s findings sustained the plaintiffs’ claim that they were the true owners through bona fide purchase for their own benefit. Accordingly, the court ordered -return of those shares. Reference is made to the findings and conclusions of the trial judge, Vort v. McGrath, D.C.D.C.1951, 99 F.Supp. 57, and to his supplemental opinion, 108 F.Supp. 263.

In our opinion the findings are supported by substantial evidence; are not clearly erroneous, 2 and therefore should stand; also, the conclusions are in all respects correct. Accordingly, the judgment is

Affirmed.

1

. Act of Oct. 6, 1917, c. 106, § 9, 40 Stat. 419, as amended, 50 U.S.C.A.Appendix, § 9.

2

. Fed.Rules Civ.Proc. rule 52(a), 28 U.S. C.A.

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PER CURIAM.

These appeals and cross-appeals arise out of three consolidated suits brought under § 9(a) of the Trading with the Enemy Act, 1 whereby plaintiffs sought recovery from the Attorney General, successor to the Alien Property Custodian, of 810 shares of the capital stock of Herman Basch & Co., Inc., which had been vested by the Custodian under said Act. The defendant counterclaimed to recover from plaintiffs dividends received by them on said shares.

Plaintiffs’ contention that they were bona fide owners of all the stock at the time of vesting, and therefore entitled to a return, was opposed by the contention that plaintiffs held the shares for German nationals and had conspired to cloak and conceal true ownership from the United States.

The trial court’s findings sustained the defendant’s claim as to 408 shares, and the judgment denied return of same-. The counterclaim for dividends received by plaintiffs on those shares was also granted, with interest on the amounts thereof, but an off-set for federal income taxes paid on such dividends was allowed. As to the remaining 402 shares, the court’s findings sustained the plaintiffs’ claim that they were the true owners through bona fide purchase for their own benefit. Accordingly, the court ordered -return of those shares. Reference is made to the findings and conclusions of the trial judge, Vort v. McGrath, D.C.D.C.1951, 99 F.Supp. 57, and to his supplemental opinion, 108 F.Supp. 263.

In our opinion the findings are supported by substantial evidence; are not clearly erroneous, 2 and therefore should stand; also, the conclusions are in all respects correct. Accordingly, the judgment is

Affirmed.

1

. Act of Oct. 6, 1917, c. 106, § 9, 40 Stat. 419, as amended, 50 U.S.C.A.Appendix, § 9.

2

. Fed.Rules Civ.Proc. rule 52(a), 28 U.S. C.A.

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199 F.2d 782, 91 U.S. App. D.C. 262, 1952 U.S. App. LEXIS 3435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgranery-atty-gen-v-vort-and-five-other-cases-cadc-1952.

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