Bernstein v. Van Heyghen Freres Societe Anonyme

163 F.2d 246 (1947)

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Bernstein v. Van Heyghen Freres Societe Anonyme

United States Court of Appeals for the Second Circuit
163 F.2d 246 (1947)

  • Written by Sharon Feldman, JD

Facts

Arnold Bernstein (plaintiff) brought an action in state court against Belgian corporation Van Heyghen Freres Societe Anonyme (Van Heyghen) (defendant). Bernstein alleged that he was the owner of a German ship-owning corporation known as the Arnold Bernstein Line (AB Line) and had been imprisoned by the Nazis and compelled under duress to execute documents purporting to transfer all of his AB Line shares to a Nazi designee who, in turn, transferred AB Line’s assets to Van Heyghen without fair and adequate consideration. A writ of attachment was issued, attaching a debt another Belgian corporation owed to Van Heyghen. Van Heyghen removed the case to federal court. The district court granted Van Heyghen’s motion to vacate the attachment and dismiss the complaint. Bernstein appealed.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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