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BAUER v. ACHESON

Civ. No. 743-52.

106 F.Supp. 445 (1952)

BAUER v. ACHESON, Secretary of State.

United States District Court District of Columbia.

July 9, 1952.

Attorney(s) appearing for the Case

Jack Wasserman, Washington, D. C., Herbert Monte Levy, New York City, of counsel, for plaintiff.

Charles M. Irelan, U. S. Atty. for the District of Columbia, Washington, D. C., Ross O'Donoghue, Asst. U. S. Atty. for the District of Columbia, Washington, D. C., for defendant.

Before FAHY, Circuit Judge, and KEECH and CURRAN, District Judges, sitting as a statutory three-judge court.

KEECH, District Judge.

This is an action against the Secretary of State for a declaratory judgment under 28 U.S.C. § 2201, for review under the Administrative Procedure Act, 5 U.S.C.A. § 1009, and for an injunction against denial of the plaintiff's right to a passport.

The material facts are undisputed.* The plaintiff, a naturalized American citizen since 1944, is now in Paris...

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