358 U.S.

331
79 S.Ct. 350
3 L.Ed.2d 344

William P. ROGERS, Attorney General of the United States as

Successor to the Alien Property Custodian, petitioner,
v.
CALUMET NATIONAL BANK OF HAMMOND, Substituted
Trustee, etc., et al.
No. 468.

Supreme Court of the United States

January 26, 1959

Solicitor General Rankin, Assistant Attorney General Townsend, Messrs.

George B. Searls and Irwin A. Seibel, for petitioner.
Messrs. Charles Levin and Curt C. Silberman, for respondents.
On petition for writ of certiorari to the Appellate Court of Indiana.
PER CURIAM.

The petition for writ of certiorari is granted. We are of the view that under
Silesian-American Corp. v. Markham, 2 Cir., 156 F.2d 793, 796, affirmed, 332
U.S. 469, 68 S.Ct. 179, 92 L.Ed. 81, 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, 50 U.S.C.A.Appendix,
6 note, and Executive Order 8389, 5 Fed.Reg. 1400, 12 U.S.C.A. 95a note.
See GMO. Niehaus & Co. v. United States, 153 F.Supp. 428, 139 Ct.Cl. 605.