From Casetext: Smarter Legal Research

Rogers v. Calumet Nat. Bank

U.S.
Jan 26, 1959
358 U.S. 331 (1959)

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE APPELLATE COURT OF INDIANA.

No. 468.

Decided January 26, 1959.

Certiorari granted.

A state court is without power to review the discretion exercised by the Attorney General of the United States under federal law in connection with the issuance of a vesting order under the Trading with the Enemy Act.

128 Ind. App. 628, 149 N.E.2d 214, reversed and cause remanded.

Solicitor General Rankin, Assistant Attorney General Townsend, George B. Searls and Irwin A. Seibel for petitioner.

Charles Levin and Curt C. Silberman for respondents.


The petition for writ of certiorari is granted. We are of the view that under Silesian-American Corp. v. Markham, 156 F.2d 793, 796, affirmed, 332 U.S. 469, a state court is without power to review the discretion exercised by the Attorney General of the United States under federal law. The judgment is therefore reversed and the cause remanded to the Appellate Court of Indiana. On remand the Indiana courts are of course free to consider other questions presented by this record in light of General License 94, 12 Fed. Reg. 1457, as it may have affected the definition of "national" in Executive Order 9095, 7 Fed. Reg. 1971, as amended, and Executive Order 8389, 5 Fed. Reg. 1400. See GMO. Niehaus Co. v. United States, 139 Ct. Cl. 605, 153 F. Supp. 428.


Summaries of

Rogers v. Calumet Nat. Bank

U.S.
Jan 26, 1959
358 U.S. 331 (1959)
Case details for

Rogers v. Calumet Nat. Bank

Case Details

Full title:ROGERS, ATTORNEY GENERAL, SUCCESSOR TO THE ALIEN PROPERTY CUSTODIAN, v …

Court:U.S.

Date published: Jan 26, 1959

Citations

358 U.S. 331 (1959)

Citing Cases

Testamentary Trust of Paszotta v. Calumet National Bank

KELLEY, J. This appeal was previously considered by us as shown by In Re Testamentary Trust of Paszotta et…

State of Alabama v. Rogers

Here the Attorney General of the United States made his request of May 23, 1960, in the exercise of the…