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HARRIS v. SMITH

No. 203, Docket 33700.

418 F.2d 899 (1969)

William E. HARRIS, Appellant, v. Willard J. SMITH, Commandant of the United States Coast Guard, Appellee.

United States Court of Appeals Second Circuit.

Decided December 3, 1969.

Attorney(s) appearing for the Case

Irving Zwerling, New York City (Zwerling & Zwerling, New York City, on the brief), for appellant.

William D. Ruckelshaus, Asst. Atty. Gen., Civil Division, Dept. of Justice, Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Louis E. Greco and Peter Martin Klein, Attys., Dept. of Justice, on the brief, for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

Harris, a seaman, appeals from summary judgment granted the Commandant of the United States Coast Guard, appellee, in the United States District Court for the Southern District of New York, Charles M. Metzner, Judge, dismissing the complaint which sought relief in the nature of a writ of mandamus pursuant to 5 U.S.C. §§ 701-706 and 28 U.S.C. § 1361 and an order compelling the Commandant to return a Merchant Mariner's Document previously...

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