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BROWNELL v. RASMUSSEN

No. 11928.

221 F.2d 541 (1955)

Herbert BROWNELL, Jr., Attorney General of the United States, Appellant, v. Einar RASMUSSEN, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1955.

Attorney(s) appearing for the Case

Mr. Lewis Carroll, Asst. U. S. Atty., Washington, D. C., with whom Mr. Leo A. Rover, U. S. Atty., Washington, D. C., was on the brief, for appellant. Messrs. Harold H. Greene, Asst. U. S. Atty., and William J. Peck, Asst. U. S. Atty., Washington, D. C., at the time record was filed, entered appearances for appellant.

Mr. Jack Wasserman, Washington, D. C., with whom Mr. Irving Tranen, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.

PER CURIAM.

This is an action for a declaratory judgment, seeking review of an order of deportation. The Government appeals from a judgment for the plaintiff, who is an alien not claiming American citizenship. The deportation order in this case was made under the provisions of the Immigration Act of 1917, 39 Stat. 874, and neither party suggests that the 1952 Act, 66 Stat. 163, has any application.

The District Court is without jurisdiction to review the order...

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