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PEREZ v. BROWNELL

No. 14497.

235 F.2d 364 (1956)

Clemente Martinez PEREZ, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Washington, D. C., Appellee.

United States Court of Appeals Ninth Circuit.

July 12, 1956.

Attorney(s) appearing for the Case

Salvatore C. J. Fusco, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, HASTIE, Circuit Judge, and TOLIN, District Judge.

TOLIN, District Judge.

This is an action wherein appellant sought declaratory relief.1 After trial, the District Court found against him. He has not attacked the evidence but contended in the trial Court, and insists here, that Congress was without power to enact the statute which has been invoked against him.

Briefly stated, the facts found by the District Court are that appellant was

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