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Kotohira Jinsha v. McGrath

Published online by Cambridge University Press:  20 April 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 45 , Issue 2 , April 1951 , pp. 374
Copyright
Copyright © American Society of International Law 1951

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References

1 In Schill v. McGrath, 89 F. Supp. 339 (8. D. N. Y., Feb. 20, 1950), a German who had come to the U. 8. in 1904 and who was naturalized in 1949, was denied return of his property vested by the Alien Property Custodian in 1943. The court relied on § 39 of the Trading with the Enemy Act (50 U. S. Code, App. § 39), added in 1948 in connection with the war claims program to use German and Japanese private property as a means of satisfying American claims, which provided that no property or interest therein of German or Japanese nationals which had been vested “shall be returned to former owners thereof.” Subsequent acquisition of American citizenship did not aid plaintiff, though the possibility of administrative relief at the discretion of the Custodian was suggested.

Also denying relief under § 39 to one who came from Germany to Hawaii in 1896 but who did not apply for citizenship until 1949 and who was detained against his will in Germany while there on a visit at the outbreak of the war, see Guessefeldt v. McGrath, 89 F. Supp. 344 (D. C, Dist. Col., March 14, 1950).

Also involving enemy property and the Alien Property Custodian, see Beck v. McGrath, 182 F. (2d) 315 (Ct. App. 2d, May 19, 1950); McGrath v. Dravo Corp., 183 F. (2d) 709 (Ct. App. 3d, July 26, 1950); Kroll v. McGrath, 91 F. Supp. 173 (D. C. Dist. Col., April 4, 1950); Duisberg v. U.S., 89 F. Supp. 1019 (Ct. Cls., June 5, 1950); McGrath v. Ward, 91 F. Supp. 636 (D. Mass., June 27, 1950); McGrath v. E. J. Lavino & Co., 91 F. Supp. 786 (E. D. Pa., July 13, 1950); Bunsen v. Davis, 220 Pac. (2d) 653 (Wash., July 10, 1950).