Propper, Receiver, v. Clark, Attorney General, As Successor to the Alien Property Custodian, et al. (337 U.S. 472)
U.S. Supreme Court · decided June 20, 1949 · Supreme Court Database (Spaeth)
- Citation
- 337 U.S. 472 · 69 S. Ct. 1333
- Docket
- No. 390
- Argued
- March 28, 1949
- Decided
- June 20, 1949
- Term
- October Term 1948
- Vote
- 6–2
- Majority author
- Justice Reed
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Justice Burton, Justice Douglas, Justice Reed (wrote), Justice Black, Justice Rutledge, Justice Murphy
- Dissenting
- Justice R. H. Jackson (wrote), Justice Frankfurter (wrote)
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. The Alien Property Custodian on April 22,1946, began this action under § 17 of the Trading with the Enemy Act in the United States District Court for the Southern District of New York to obtain the payment, and a declaration of title in him as against the petitioner as receiver, of certain royalties owed by the American Society of Composers, Authors and Publishers (ASCAP) to Staatlich Genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger (AKM), an Austrian association, pursuant to the provisions of Vesting Order No. 2097, Office of Alien Property Custodian, September 4, 1943, 8 Fed. Reg. 16463,' whereby the Custodian had vested in himself title to certain property of AKM, specifically claims for royalties under copyrights for the performance of musical compositions. By contract ASCAP had been authorized by AKM to license on royalty the use in this country of. musical copyrights belonging to AKM. ASCAP and the petitioner, who is the state-appointed receiver of the royalties involved, were made defendants. The District Court, on motion for summary judgment or judgment on the pleadings, entered a judgment declaring that the petitioner had no right, title or interest in the claim in question, Markham v. Taylor, 70 F. Supp. 202, and later, a second judgment directing ASCAP to pay the debt to the Custodian. ■ The…
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