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DAYTON v. DULLES

No. 13717.

254 F.2d 71 (1957)

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

United States Court of Appeals District of Columbia Circuit.

Decided October 24, 1957.

Writ of Certiorari Granted January 6, 1958.

Judgment Reversed June 16, 1958.

Attorney(s) appearing for the Case

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

Mr. B. Jenkins Middleton, Attorney, Department of Justice, with whom Asst. Atty. Gen. George C. Doub, Mr. Oliver Gasch, U. S. Atty., and Mr. Paul A. Sweeney, Attorney, Department of Justice, were on the brief, for appellee.

Mr. Nathan H. David, Washington, D. C., filed a brief on behalf of the Federation of American Scientists, as amicus curiae, urging reversal.

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

Writ of Certiorari Granted January 6, 1958. See 78 S.Ct. 343.

Judgment Reversed June 16, 1958. See 78 S.Ct. 1127.

PRETTYMAN, Circuit Judge.

This controversy concerns an application for a passport. It is now here upon a second appeal. Upon the first appeal1 we applied the rule we had laid down in the Boudin case2 and remanded. The Secretary had rested his denial of the passport upon Section 51...

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