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BRIEHL v. DULLES

No. 13317.

248 F.2d 561 (1957)

Walter BRIEHL, Appellant, v. John Foster DULLES, Secretary of State, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1957.

Attorney(s) appearing for the Case

Mr. Leonard B. Boudin, New York City, with whom David Rein, and Joseph Forer, Washington, D. C., were on the brief, for appellant.

Mr. B. Jenkins Middleton, Attorney, Department of Justice, with whom Asst. Atty. Gen. Doub, Mr. Oliver Gasch, U. S. Atty., and Mr. Paul A. Sweeney, Attorney, Department of Justice, were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER and BASTIAN, Circuit Judges, sitting en banc.

EDGERTON, Chief Judge, announced the judgment and division of the court as follows:

The judgment of the District Court, granting the Secretary's motion for summary judgment, is affirmed. Judges Prettyman, Miller, Washington, Danaher and Bastian vote to affirm. Judges Edgerton and Bazelon vote to reverse. Judge Fahy votes to remand to the District Court with instructions to remand to the Secretary. Judge Burger took no part...

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