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DE MARCO v. DULLES

No. 11941.

226 F.2d 265 (1955)

Francesco Paolo DE MARCO, Appellant, v. John Foster DULLES, Secretary of State, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 7, 1955.

Petition for Rehearing Denied October 4, 1955.

Attorney(s) appearing for the Case

Messrs. Jack Wasserman and David Carliner, Washington, D. C., for appellant.

Messrs. Robert L. Toomey and Harold H. Greene, Asst. U. S. Attys., with whom Mr. Leo A. Rover, U. S. Atty., and Mr. Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee. Mr. William J. Peck, Asst. U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before PRETTYMAN, BAZELON and BASTIAN, Circuit Judges.

Petition for Rehearing In Banc Denied October 4, 1955.

PER CURIAM.

The judgment in this case is reversed and the case is remanded upon the authority of Soccodato v. Dulles.1

Reversed and remanded.

PRETTYMAN, Circuit Judge, concurs in this result solely because of the ruling issued by the court in Soccodato v. Dulles.

BASTIAN, Circuit Judge, dissents, feeling that the findings of the District Judge are not...

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