JEAGER v. SIMRANY

No. 12266.

180 F.2d 650 (1950)

JEAGER v. SIMRANY.

United States Court of Appeals Ninth Circuit.

February 28, 1950.


Attorney(s) appearing for the Case

Frank E. Flynn, U. S. Atty., Phœnix, Ariz., Don Hummel, Asst. U. S. Atty., Tucson, Ariz., for appellant.

Scruggs & Butterfield, Edward W. Scruggs and A. E. Butterfield and Nolen L. McLean, Tucson, Ariz., for appellee.

Before DENMAN, Chief Judge and STEPHENS and POPE, Circuit Judges.


DENMAN, Chief Judge.

This is an appeal from a judgment in a declaratory judgment case in which the district court held that the Commissioner of Immigration had no power to entertain a proceeding to cancel a record of registry and a certificate of lawful entry by an alien into the United States, and enjoined the appellant from conducting a proceeding for that purpose. The court denied a motion to dismiss the complaint and, since the appellant announced he would stand...

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