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VETERANS & RESERV. FOR PEACE IN VIETNAM v. REGIONAL COM'R

No. 71-1391.

459 F.2d 676 (1972)

VETERANS AND RESERVISTS FOR PEACE IN VIETNAM, Appellant, v. REGIONAL COMMISSIONER OF CUSTOMS, REGION II and Secretary of the Treasury of the United States.

United States Court of Appeals, Third Circuit.

Decided May 4, 1972.

Attorney(s) appearing for the Case

Sanford Jay Rosen, Asst. Legal Director, American Civil Liberties Union, New York City, for appellant.

Robert L. Keuch, Dept. of Justice, Washington, D. C., for appellees.

Before ADAMS, GIBBONS and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Plaintiff has frontally assaulted the Trading with the Enemy Act, 50 U.S.C. App. § 5(b)1 and the Foreign Assets Control Regulations, 31 C.F.R. Part 5002 as being unconstitutional facially and as applied in this case. The attack is essentially two-pronged: the statute and regulations establish an unconstitutional delegation of legislative power without...

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