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BARBER v. YANISH

No. 12710.

196 F.2d 53 (1952)

BARBER v. YANISH et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 4, 1952.

Attorney(s) appearing for the Case

Chauncey Tramutolo, U. S. Atty., Edgar R. Bonsall, Asst. U. S. Atty., San Francisco, Cal. (Morton M. Levine, Immigration and Naturalization Service, on the brief), for appellants.

Gladstein, Andersen & Leonard and Lloyd E. McMurray, San Francisco, Cal., for appellee.

Before ORR and POPE, Circuit Judges, and Goodman, District Judge.

PER CURIAM.

In October of 1948, appellee aliens filed a complaint in the District Court praying that appellant be enjoined from proceeding with deportation hearings against appellees except in accordance with the provisions of sections 5, 7 and 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq.

The court below granted appellant's motion to dismiss the complaint upon the ground that the Administrative...

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