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BROWN v. UNITED STATES

No. 18005.

334 F.2d 488 (1964)

Archie BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Certiorari Granted November 9, 1964.

Attorney(s) appearing for the Case

Richard Gladstein, Gladstein, Anderson, Leonard & Sibbett, San Francisco, Cal., for appellant.

J. Walter Yeagley, Asst. Atty. Gen., George B. Searls, Carol Mary Brennan, Dept. of Justice, Washington, D. C., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Marshall W. Krause, American Civil Liberties Union of Northern California, San Francisco, Cal., amicus curiæ

Before CHAMBERS, BARNES, HAMLEY, JERTBERG, MERRILL, KOELSCH, BROWNING and DUNIWAY, Circuit Judges.

Certiorari Granted November 9, 1964. See 85 S.Ct. 187.

MERRILL, Circuit Judge.

This appeal challenges the constitutionality of § 504 of the Labor-Management and Reporting Act (29 U.S.C. § 504) which makes it unlawful for a member of the Communist Party to hold office in a labor union.

The section is set forth in the margin.1 It will be noted that the criminality is achieved...

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