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SHACHTMAN v. DULLES

No. 12406.

225 F.2d 938 (1955)

Max SHACHTMAN, Appellant, v. John Foster DULLES, Individually and as Secretary of State, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1955.

Attorney(s) appearing for the Case

Mr. Joseph L. Rauh, Jr., Washington, D. C., with whom Messrs. Daniel H. Pollitt and Mitchell J. Cooper, Washington, D. C., were on the brief, for appellant.

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

Before EDGERTON, FAHY, and WASHINGTON, Circuit Judges.

FAHY, Circuit Judge.

Appellant sued in the District Court to enjoin the Secretary of State1 from denying, for the reason assigned by the Secretary, his application for a passport to visit Europe, and for a declaratory judgment. His complaint was dismissed on motion, the court holding that it failed to state a claim upon which relief could be granted and that since the denial was in the proper...

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