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ACHESON v. NOBUO ISHIMARU

No. 12690.

185 F.2d 547 (1950)

ACHESON, Secretary of State, v. NOBUO ISHIMARU.

United States Court of Appeals Ninth Circuit.

December 4, 1950.

Attorney(s) appearing for the Case

Ray J. O'Brien, U. S. Atty., Howard K. Hoddick, Asst., Honolulu, T. H., Edgar R. Bonsall, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Wilfred C. Tsukiyama, Honolulu, T. H., A. L. Wirin, Los Angeles, Cal., for appellee.

Before HEALY, BONE, and POPE, Circuit Judges.

PER CURIAM.

This matter is before us on a motion to dismiss the appeal of the Secretary of State on the ground that the order of which he seeks review is not appealable. By agreement of the parties, the appeal is likewise before us for decision on the merits in event the motion to dismiss is denied.

In 1948 appellee (hereafter called the plaintiff) brought suit against the Secretary pursuant to § 503 of the Nationality...

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