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DAYTON v. DULLES

No. 13176.

237 F.2d 43 (1956)

Weldon Bruce DAYTON, Appellant, v. John Foster DULLES, Secretary of State, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 13, 1956.

Attorney(s) appearing for the Case

Mr. Harry I. Rand, Washington, D. C., for appellant.

Mr. B. Jenkins Middleton, Atty., Dept. of Justice, with whom Messrs. Oliver Gasch, U. S. Atty., George S. Leonard, Acting Asst. Atty. Gen., and Paul A. Sweeney, Atty., Dept. of Justice, were on the brief for appellee.

Messrs. Leo A. Rover, U. S. Atty., at the time record was filed, and Lewis Carroll, Asst. U. S. Atty., also entered appearances for appellee.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.

PER CURIAM.

The Secretary of State denied a passpart to appellant Dayton, who then sued in the District Court for a declaratory judgment that he is entitled to a passport and that the Secretary's passport regulations and certain rules of the Board of Passport Appeals in the Department of State are unlawful. The motion of the Secretary for summary judgment was granted, that of the plaintiff was denied, and the complaint was dismissed. We held Dayton's appeal undisposed...

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