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DIAZ-MONTERO v. BROWNELL

No. 14091.

217 F.2d 737 (1954)

Pedro DIAZ-MONTERO, Appellant, v. Herbert BROWNELL, Attorney General of the United States, Appellee.

United States Court of Appeals Ninth Circuit.

December 14, 1954.

Attorney(s) appearing for the Case

Edwards E. Merges, Roy E. Jackson, Seattle, Wash., for appellant.

Charles P. Moriarty, U. S. Atty., John E. Belcher, Seattle, Wash., F. N. Cushman, Washington, D. C., John Keane, Asst. U. S. Attys., Seattle, Wash., for appellee.

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

DENMAN, Chief Judge.

Diaz-Montero appeals from a judgment dismissing his petition seeking under the Declaratory Judgment Act, 28 U.S.C. § 2201 a judgment "suspending his deportation from the United States, or in the alternative, requiring the appellee to suspend appellant's deportation, or accord him a further hearing upon the same".

In substance the allegations of the petition are as follows.

Diaz-Montero...

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