MARTIN v. TOBIN

No. 25887.

451 F.2d 1335 (1971)

Louis Harold MARTIN, Appellant, v. George TOBIN, Appellee.

United States Court of Appeals, Ninth Circuit.

September 28, 1971.


Attorney(s) appearing for the Case

Bessie Dreibellis (argued), of Carlson, Collins & Bold, Richmond, Cal., for appellant.

Alan S. Rosenthal (argued), Morton Hollander, Dept. of Justice, Washington, D. C., James L. Browning, Jr., San Francisco, Cal., for appellee.

Before HAMLEY, KOELSCH and CARTER, Circuit Judges.


PER CURIAM:

Appellant Martin was removed by the President from the office of U. S. Marshal for the Northern District of California before the expiration of his four year term. Appellee Tobin is his replacement. Martin brought a suit for declaratory judgment against Tobin to determine who rightfully held the position. He appeals from the dismissal of his complaint upon a motion for summary judgment. His appeal raises the question of whether a U. S. Marshal is an executive...

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