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WEI v. ROBINSON

No. 11871.

246 F.2d 739 (1957)

Hsuan WEI, Plaintiff-Appellee, v. Robert ROBINSON, District Director, etc., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 28, 1957.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellant. Richard C. Bleloch, John H. Bickley, Jr., Asst. U. S. Attys., Chicago, Ill., of counsel.

Franklin A. Cole, David R. Loewenberg, Chicago, Ill., for plaintiff-appellee.

Loewenberg, Cole, Wishner, Epstein & Marlow, Chicago, Ill., of counsel.

Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges.

FINNEGAN, Circuit Judge.

Wei, plaintiff-alien, successfully tested the legality of the deportation order entered against him in a declaratory judgment action brought under § 10 of the Administrative Procedure Act, 60 Stat. 243, 5 U.S.C.A. § 1009. See also, Shaughnessy v. Pedreiro, 1955, 349 U.S. 48, 75 S.Ct. 591, 99 L.Ed. 868. By his complaint Wei also asked for a judicial declaration that: (1) section 241.2(c), 8 C.F.R. contravenes...

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