SVEJKOVSKY v. TAMM

No. 18219.

326 F.2d 657 (1963)

Augusta SVEJKOVSKY, Petitioner, v. The Honorable Edward A. TAMM, District Judge of the United States District Court for the District of Columbia, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1963.


Attorney(s) appearing for the Case

Mr. Leonard B. Boudin, Washington, D. C., for petitioner.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., was on the pleadings, for respondent.

Before BAZELON, Chief Judge, and BASTIAN and WRIGHT, Circuit Judges.


PER CURIAM.

Petitioner brought an action in the District Court against the Secretary of State requesting, inter alia, an injunction against the enforcement of Section 352(a) (1) of the Immigration and Nationality Act, 66 Stat. 269, 8 U.S.C. § 1484(a) (1), on the ground of its alleged unconstitutionality. As the Government concedes, this suit must be heard and determined by a court of three judges. 28 U.S.C. §§ 2282, 2284. The single judge, however...

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