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LIM FONG v. BROWNELL

No. 12264.

215 F.2d 683 (1954)

LIM FONG et al. v. BROWNELL, Jr., Attorney General of United States.

United States Court of Appeals District of Columbia Circuit.

Decided July 22, 1954.

Attorney(s) appearing for the Case

Mr. Jack Wasserman, Washington, D. C., with whom Mr. David Carliner, Washington, D. C., was on the brief, for appellants.

Mr. Joseph M. F. Ryan, Jr., Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll, Asst. U. S. Atty., were on the brief, for appellee.

Before STEPHENS, Chief Judge, and EDGERTON and FAHY, Circuit Judges.

PER CURIAM.

Appellants, plaintiffs below, brought an action for a declaratory judgment that deportation orders issued for their deportation to Continental China are null and void. The appeal is from an order of the District Court denying their motion for a preliminary injunction to restrain their apprehension and deportation, and dismissing their complaint.

If the dismissal was upon jurisdictional grounds it was erroneous. Rubinstein v. Brownell, 92 U.S.App...

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