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COMMUNIST PARTY OF U. S. v. SUBVERSIVE ACTIVITIES CON. BD.

No. 11850.

277 F.2d 78 (1959)

COMMUNIST PARTY OF THE UNITED STATES of America, Petitioner, v. SUBVERSIVE ACTIVITIES CONTROL BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided July 30, 1959.

Petition for Rehearing Denied August 27, 1959.

Certiorari Granted February 5, 1960.

Attorney(s) appearing for the Case

Mr. John J. Abt, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of court, and Mr. Joseph Forer, Washington, D. C. for petitioner.

Mr. George R. Gallagher, Washington, D. C., Gen. Counsel of the Subversive Activities Control Board at the time of argument, with whom Mr. Frank R. Hunter, Jr., (now Gen. Counsel) and Mr. Leo M. Pellerzi, Asst. Gen. Counsel, Subversive Activities Control Board, Washington, D. C., and Messrs. Kevin T. Maroney and Philip R. Monahan, Attys., Dept. of Justice, were on the brief, for respondent.

Before PRETTYMAN, Chief Judge, and BAZELON and DANAHER, Circuit Judges.

Certiorari Granted February 5, 1960. See 80 S.Ct. 502.

PRETTYMAN, Chief Judge.

A Modified Report of the Subversive Activities Control Board following a second remand of this case is now before us for review. We affirmed the original report,1 but the Supreme Court remanded for reconsideration in the light of allegations that the testimony of three witnesses was perjured.2 The Board struck the testimony...

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