Rosden v. Brownell, Jr., Attorney General of United States

206 F.2d 439, 92 U.S. App. D.C. 327, 1953 U.S. App. LEXIS 2766

Opinion

PER CURIAM.

In 1907 Amalie Janner, née Schaefer, an American citizen, through marriage became a citizen and resident of Germany. Later she acquired property from the estate of her father, an American citizen and resident. During World War II the property so acquired was vested in the United States under § 5(b) of the Trading with the Enemy Act, 40 Stat. 415 (1917), as amended 50 U.S.C.A. Appendix, § 5(b). Upon these facts Mrs. Janner’s administrator sued in the District Court under § 9(b) (3) of said Act for return of the vested property. The court dismissed the action with prejudice upon authority of Feyerabend v. McGrath, 1951, 89 U.S.App.D.C. 33, 189 F.2d 694. There this Court holds that § 9(b) (3) was temporary legislation applicable only to property seized during World War I. Admittedly this appeal seeks an overruling o£ that decision. We adhere to it.

Affirmed.