Compagnie Internationale v. Miller

Full title: COMPAGNIE INTERNATIONALE DE PRODUITS ALIMENTAIRES S.A. v . MILLER, AS…

Court: U.S.

Date published: Jan 5, 1925

266 U.S. 473 (1925)

Opinion

APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.

No. 412.

Argued November 25, 1924. Decided January 5, 1925.

Decided upon the authority of Behn, Meyer Co. v. Miller, ante, p. 457. 54 App.D.C. 255, reversed.

APPEAL from a decree of the Court of Appeals of the District of Columbia affirming a decree of the Supreme Court of the District which dismissed, on motion, appellant's bill against the Alien Property Custodian and the Treasurer of the United States, to recover the proceeds of certain stock belonging to the appellant, a neutral corporation, and which was seized by the Custodian under color of the Trading with the Enemy Act.

Mr. Challen B. Ellis, with whom Mr. Wade H. Ellis and Mr. Henry Escher were on the briefs, for appellant.

Mr. Merrill E. Otis, Special Assistant to the Attorney General, with whom Mr. Solicitor General Beck was on the brief, for appellees.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

The court below decided this cause upon authority of its opinion in Behn, Meyer Co. v. Miller, 296 F. 1002, which upon appeal became No. 343 on our docket. The decree therein has been reversed for reasons stated in the opinion just announced, ante, p. 457. The two causes present the same issues. Consequently the challenged decree herein also must be reversed and the cause remanded for further proceedings in conformity with our conclusions.

Reversed.