* [Reproduced from a reprint of the Stipulation of Settlement as of April 15, 1964, provided by John J. Wilson, counsel to Société Internationale (Interhandel) . All footnotes are explanatory only, and are not part of the stipulation.
[By decisions of February 16 and April 24, 1942, based on the Trading with the Enemy Act, 50 U.S.C. App. Sec. 1, et seq., the Government of the United States vested almost all of the shares of General Aniline and Film Corporation, incorporated in the United States. The United States claimed that the shares seized, owned by Société International Pour Participations Industrielles et Commerciales S.A. (Interhandel), were in reality controlled by the German enemy company I.G. Farben.
[In 1948 Interhandel filed suit in the U.S. District Court for the District of Columbia against the U.S. Attorney General to recover the shares, claiming they were neutral property. The complaint of Interhandel was dismissed with prejudice by order of the District Court, which was affirmed by the Court of Appeals. The Supreme Court on June 16, 1958, reversed the judgment dismissing the complaint and remanded the case to the District Court. Société Internationale, etc. v. Rogers. 357 U.S. 197 (1958); 53 A.J.I.L. 177 (1959).
[Proceedings were instituted on October 2, 1957, by Switzerland against the United States in the International Court of Justice. The International Court of Justice held that the Swiss application was not admissible. Interhandel Case, Judgment of March 21, 1959: I.C.J. Reports 1959, p. 6.
[The Trading with the Enemy Act was amended by Public Law 87–846 of October 22, 1962, 76 Stat. 1107, 1113, 50 U.S.C. App. Sec. 9, to authorize the sale of General Aniline, with the proceeds of such sale to be held in escrow until settlement of the litigation. Thereafter the Stipulation of Settlement reported here was reached. Basically the settlement provides for the United States Government and Interhandel to share equally the proceeds from the sale of the contested 89 percent of vested shares. The United States will receive the entire proceeds of the other 11 per cent. Interhandel will also pay the United States $23,900,000 in taxes and other expenses, and also funds to protect non-consenting intervenors. As of May 1, 1964, General Aniline had not been sold.]
