Sutherland v. Int'l Insurance Co. of New York

Full title: Howard SUTHERLAND, as Alien Property Custodian, Appellant, v…

Court: Circuit Court of Appeals, Second Circuit

Date published: Jul 28, 1930

43 F.2d 972 (2d Cir. 1930)

Opinion

No. 363.

July 28, 1930.

Appeal from the District Court of the United States for the Southern District of New York.

Appeal by the plaintiff from a decree of the District Court for the Southern District of New York dismissing a bill in equity brought by the Alien Property Custodian.

Charles J. Schuck, of Wheeling, W. Va., for appellant Alien Property Custodian.

Nathan Ottinger, of New York City, for appellant Hamburg Assur. Co.

Rumsey Morgan, of New York City (Emory R. Buckner and Root, Clark, Buckner Ballantine, all of New York City, and Steptoe Johnson, of Clarksburg, W. Va., of counsel), for appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

This case is in all respects like Sutherland v. International Insurance Company, 43 F.2d 969, decided along with it. The same disposition should be made of it for the reasons given therein.

Decree reversed, and cause remanded for further proceedings in conformity with the opinion in Sutherland v. International Insurance Company, 43 F.2d 969.