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MONTGOMERY v. FFRENCH

No. 16864.

299 F.2d 730 (1962)

William MONTGOMERY and Lillian Montgomery, Appellants, v. Richard H. FFRENCH, District Director of the Immigration and Naturalization Service of the Department of Justice of the United States of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 9, 1962.

Attorney(s) appearing for the Case

Forrest Boecker, St. Louis, Mo., and William B. Ewald, St. Louis, Mo., on the brief, for appellants.

Charles Gordon, Regional Counsel, Immigration and Naturalization Service, St. Paul, Minn., and D. Jeff Lance, U. S. Atty., and Lee J. Placio, Jr., Asst. U. S. Atty., St. Louis, Mo., on the brief, for appellee.

Before VOGEL and RIDGE, Circuit Judges, and GRAVEN, Senior District Judge.

VOGEL, Circuit Judge.

By a declaratory judgment action (28 U.S.C.A. § 2201), appellants sought judicial review of an administrative determination denying their petition to classify an alien child named Kim Yang Soon, who is a Korean national, as an "eligible orphan" within the provisions of former 8 U.S.C.A. § 1205.1

Appellants, husband and wife, are citizens and residents of the State of Missouri. On November 9, 1959...

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