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DULLES v. NATHAN

No. 12727.

225 F.2d 29 (1955)

John Foster DULLES, Appellant, v. Otto NATHAN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1955.

Attorney(s) appearing for the Case

Mr. Harold H. Greene, Asst. U. S. Atty., for appellant. Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll and Joseph Rafferty, Jr., Asst. U. S. Attys., also entered appearances for appellant.

Mr. Leonard B. Boudin, New York City, for appellee. Mr. Joseph Forer, Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, Chief Judge, and BAZELON and WASHINGTON, Circuit Judges.

EDGERTON, Chief Judge.

On December 24, 1952, Dr. Otto Nathan, now the executor of Albert Einstein's will, applied to the Department of State for a passport. When the application had been pending nearly 20 months, on August 17, 1954, he filed a complaint for a declaratory judgment and for an injunction to direct the Secretary of State to issue a passport. On March 15, 1955, when the application had been pending over two years, Judge Schweinhaut directed the Secretary...

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