HARDYMAN v. COLLINS

No. 12120.

183 F.2d 308 (1950)

HARDYMAN et al. v. COLLINS et al.

United States Court of Appeals Ninth Circuit.

Writ of Certiorari Granted October 9, 1950.


Attorney(s) appearing for the Case

A. L. Wirin, Fred Okrand and Robert R. Rissman, Los Angeles, Cal. (Nanette Dembitz, Arthur Garfield Hays, William Egan Colby and Peter H. Kaskell, New York City, counsel, American Civil Liberties Union, of counsel), for appellants.

George Penney, Los Angeles, Cal., Aubrey N. Irwin, Glendale, Cal., Robert M. Newell and Theodore A. Chester, Los Angeles, Cal., for appellees.

Arthur J. Goldberg, Gen. Counsel, Thomas E. Harris, Asst. Gen. Counsel, Washington, D.C. (Jay A. Darwin, San Francisco, Cal., of counsel), for Cong. of Ind. Org., as amicus curiae.

Loren Miller, Los Angeles, Cal., Thurgood Marshall and Jack Greenberg, New York City, for Nat'l Ass'n for Adv. of Colored People, as amicus curiae.

Will Maslow, New York City (Shad Polier, Joseph B. Robison and Howard M. Squadron, New York City, of counsel) for American Jewish Cong., as amicus curiae.

Before HEALY, McALLISTER, and ORR, Circuit Judges.


Writ of Certiorari Granted October 9, 1950. See 71 S.Ct. 63.

ORR, Circuit Judge.

The trial court entered a judgment of dismissal of an amended complaint on the ground that it did not state a cause of action for damages under § 47(3) of Title 8 U.S.C.A.1 The correctness of that ruling is the subject of this appeal. The amended complaint, in substance, alleged that appellants are citizens...

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