GOODRICH, Circuit Judge.
The sole issue involved in this case is whether, in a review under Section 10 of the Administrative Procedure Act, 5 U.S. C.A. § 1009, the Commissioner of Immigration and Naturalization is an indispensable party defendant. If he is the present case must fail for want of jurisdiction over the Commissioner.
A rereading of this Court's opinion in Podovinnikoff v. Miller, 3 Cir., 1950,
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