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FRANK v. HERTER

No. 15059.

269 F.2d 245 (1959)

Waldo FRANK, Appellant v. Christian A. HERTER, Secretary of State, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 6, 1959.

Attorney(s) appearing for the Case

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

Mr. F. Kirk Maddrix, with whom Messrs. Samuel L. Strother and Anthony F. Cafferky, Attys., Dept. of Justice, were on the brief, for appellee.

Before BAZELON, FAHY and BURGER, Circuit Judges.

PER CURIAM.

The questions involved in this case were necessarily decided by this court in Worthy v. Herter, ___ U.S.App.D.C. ___, 270 F.2d 905. On the authority of that decision the judgment of the District Court granting the motion of the Secretary for summary judgment, denying appellant's motion for summary judgment, and dismissing the complaint, is

Affirmed.

BURGER, Circuit Judge (concurring).

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