International Silk Guild v. McGrath, Civ. A. 3403-51.
| Decision Date | 27 June 1952 |
| Docket Number | Civ. A. 3403-51. |
| Citation | 105 F. Supp. 766 |
| Parties | INTERNATIONAL SILK GUILD, Inc. v. McGRATH, Atty. Gen. et al. |
| Court | U.S. District Court — District of Washington |
Delmar W. Holloman, of Davies, Richberg, Tydings, Beebe & Landa, Washington, D. C., for plaintiff.
Harold I. Baynton, Asst. Atty. Gen., Department of Justice, James D. Hill, Walter T. Nolte, Daniel G. McGrath, Leon Yudkin, Attys., Department of Justice, Washington, D. C., for defendant.
This is a proceeding brought by the plaintiff for review of the action by the Deputy Director, Office of Alien Property Custodian, denying the claim of the plaintiff, asserted against funds of Asahi Silk Company, a Japanese corporation, vested under the provisions of the Trading with the Enemy Act, as amended, 50 U.S.C.A. Appendix, § 1 et seq., in the Alien Property Custodian. This proceedings is brought under the provisions of Section 34(e) of that Act, providing for a review of such action, denying the plaintiff's claim.
The claim of the plaintiff is that an agreement was made and entered into between the importers of silk in the United States and the exporters of silk in Japan, of which Asahi Silk Company was one, whereby certain assessments on each bale of silk imported should be paid by the importers, remitted to the exporters, and by them transmitted to the plaintiff for the purpose of carrying on the business of the plaintiff in developing the market and trade for silk. Previously funds for the business of the plaintiff had been furnished by the Central Raw Silk Association of Japan, an organization with governmental sanctions, practically controlling that industry in Japan. Apparently it became difficult or impossible to procure the funds needed for this purpose, and out of that situation negotiations were had which the plaintiff claims resulted in the agreements for the assessments above referred to. Between May 1940 and July 1941, the Japanese exporters, as a whole, collected $667,723.28, but remitted only $58,375 on this amount to the plaintiff. During that period Asahi Silk Company collected $71,585.26 of the total sum. The plaintiff credited Asahi Silk Company with $6,258.27 as its proportionate share of the $58,375, leaving a balance of $65,326.99, which is the amount sought by the plaintiff to be recovered from the vested funds. Said vested funds arose from the sale of properties of Asahi Silk Company in this country, consisting of the capital stock of a corporation known as Asahi Corporation, the ownership of...
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International Silk Guild v. Rogers, 14150
...of the District Court expressed in a Memorandum filed in connection with dismissal of the complaint; the court, International Silk Guild v. McGrath, D.C., 105 F.Supp. 766, 768, stated that "notwithstanding the absence of such agreement," alleged by the "I would conclude that the claim shoul......
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INTERNATIONAL SILK GUILD v. Brownell, Civ. A. No. 3403-51.
...G. McGrath, Attys., Dept. of Justice, Washington, D. C., for defendants. MORRIS, District Judge. In the opinion filed by this Court June 27, 1952, 105 F.Supp. 766, in this proceeding (brought under Section 34(e) of the Trading with the Enemy Act, as amended, 50 U.S.C.A.Appendix, § 34(e), fo......