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FONG NAI SUN v. DULLES

No. 14219.

219 F.2d 269 (1955)

FONG NAI SUN by Fong Kwok Wah, his next friend, Appellant, v. John Foster DULLES, as United States Secretary of State and the United States Department of State, Appellees.

United States Court of Appeals, Ninth Circuit.

January 31, 1955.

Attorney(s) appearing for the Case

William E. Cornell, Brennan & Cornell, Los Angeles, Calif., for appellants.

Laughlin E. Waters, U. S. Atty., Max F. Deutz, Robert K. Grean, James R. Dooley, Asst. U. S. Attys., Los Angeles, Calif., for appellee.

Before STEPHENS and FEE, Circuit Judges, and LING, District Judge.

STEPHENS, Circuit Judge.

This appeal arises from a judgment of dismissal of the complaint which complaint was filed in the district court by Sun, pursuant to Section 903 of Title 8 U.S.C.A.1 Section 903 provides:

"If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof...

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