HIRABAYASHI v. U.S.

Nos. 86-3853, 86-3887.

828 F.2d 591 (1987)

Gordon K. HIRABAYASHI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Gordon K. HIRABAYASHI, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 24, 1987.


Attorney(s) appearing for the Case

Rodney L. Kawakami, Kathryn Bannai, Arthur G. Barnett, Jeffrey A. Beaver, Camden M. Hall, Daniel J. Ichinaga, Gary D. Iwamoto, Craig T. Kobayashi, Michael Leong, Nina L. Mar, Karen Narasaki, Sharon A. Sakamoto, Roger H. Shimizu, Benson D. Wong, Seattle, Wash., for petitioner/appellee/cross-appellant.

Victor D. Stone, Washington, D.C., for respondent/appellee/cross-appellant.

Before GOODWIN, SCHROEDER and FARRIS, Circuit Judges.


SCHROEDER, Circuit Judge:

I. INTRODUCTION

Gordon Hirabayashi is an American citizen who was born in Seattle, Washington, in 1918, and is currently Professor Emeritus of Sociology at the University of Alberta. He is of Japanese ancestry. In 1942 he was living in Seattle and was therefore subject to wartime orders requiring all persons of Japanese ancestry, whether citizens or not, to remain within their residences between 8:00 p.m. and 6:00 a.m. He was also...

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