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PELTZMAN v. SMITH

No. 121, Docket 32407.

404 F.2d 335 (1968)

Archie PELTZMAN, Plaintiff-Appellant, v. Admiral Willard J. SMITH, Commandant of the United States Coast Guard, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 11, 1968.

Attorney(s) appearing for the Case

Sheldon May, Brooklyn, N. Y. (Schonfeld, Schonfeld & May, Brooklyn, N. Y., on the brief), for plaintiff-appellant.

Peter R. DeFilippi, Asst. U. S. Atty., New York City (David Paget, Asst. U. S. Atty., and Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City, on the brief), for defendant-appellee.

Before MEDINA and WATERMAN, Circuit Judges, and LEVET, District Judge.

PER CURIAM:

Plaintiff, a merchant seaman and one-time radio operator, appeals from the dismissal for lack of subject matter jurisdiction of his suit which was originally to declare unconstitutional the Coast Guard regulations governing the issuance of radio operators' licenses on merchant marine vessels, promulgated pursuant to 46 U.S.C. Section 229, to direct the issuance of a license and for other relief.

Upon stipulation...

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