BOUDIN v. DULLES

Nos. 13130, 13031.

235 F.2d 532 (1956)

Leonard B. BOUDIN, Appellant, v. John Foster DULLES, Appellee. John Foster DULLES, Appellant, v. Leonard B. BOUDIN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1956.


Attorney(s) appearing for the Case

Mr. Benjamin Forman, Attorney, Department of Justice, with whom Messrs. Leo A. Rover, U. S. Atty. at the time cases were argued, Paul A. Sweeney and B. Jenkins Middleton, Attorneys, Department of Justice, were on the brief, for Dulles.

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

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER, and BASTIAN, Circuit Judges, sitting en banc. (Circuit Judge BURGER took office after these cases were heard and took no part in their consideration and decision.)


WASHINGTON, Circuit Judge.

The Secretary of State refused to issue a passport to Leonard B. Boudin, on the ground that issuance was precluded under Section 51.135 of the Passport Regulations "on the basis of all the evidence, including that contained in confidential reports of investigation." Boudin then sued in the District Court for a judgment that he, as an American citizen, is entitled to a passport, and that the Passport Regulations are invalid. He also sought...

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