# GMO. Niehaus & Co. v. United States

> United States Court of Claims · July 12, 1957 · 153 F. Supp. 428

URL: https://www.frixlaw.com/law-library/cases/9626749

## Case

- **Full name:** GMO. NIEHAUS & CO., C. Por A., a Corporation Organized Under the Laws of Costa Rica, Apartado 493 San Jose, Costa Rica, and Imke Steinhoff, Kurt Niehaus, Gertrude Boese, Franz Laue and Horst Laue, Sometimes Incorrectly Designated as Franz Boese and Horst Boese, All C/O Dr. Hans Loening, Soegestrasse 18/20 Bremen, Germany v. the UNITED STATES
- **Court:** United States Court of Claims
- **Decided:** July 12, 1957
- **Citations:** 153 F. Supp. 428; 139 Ct. Cl. 605; 1957 U.S. Ct. Cl. LEXIS 113
- **Precedential status:** Published
- **Opinion:** Dissent by Whitaker
- **Judges:** Jones, Littleton, Whitaker, Madden, Laramore, Lara-More
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9626749

## How later opinions describe it (automated extraction)

- holding that the intention of the President was the controlling factor on what would be binding

## Opinion text

WHITAKER, Judge
(dissenting).
I think jurisdiction to recover property seized by the Alien Property Custodian is expressly denied this court by section 9(f) of the Trading with the Enemy Act, supra. It reads:
“Except as herein provided, the money or other property conveyed, transferred, assigned, delivered, or' paid to the Alien Property Custodian, shall not be liable to lien, attachment, garnishment, trustee process, or execution, or subject to any order or decree of any court.”
Numerous cases cited in the defendant’s brief support this view.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9626749. Public record. Not legal advice.