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DIAZ v. DISTRICT DIRECTOR

No. 72-1103.

468 F.2d 1206 (1972)

Florencio DIAZ, Plaintiff-Appellant, v. DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, SAN FRANCISCO, CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 6, 1972.

Attorney(s) appearing for the Case

Wellington Y. Kwan (argued), Los Angeles, Cal., for plaintiff-appellant.

Stephen M. Suffin (argued), William B. Spohn, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for defendant-appellee.

Before LUMBARD, MERRILL and KILKENNY, Circuit Judges.

PER CURIAM.

Appellant brought suit for a declaratory judgment establishing his entitlement to Third Preference status as a member of the professions under § 203(a)(3) of the Immigration and Nationality Act, 8 U.S.C. § 1153(a)(3).1 This appeal is taken from summary judgment of the District Court upholding the ruling of the Immigration and Naturalization Service denying him that status.

Appellant is a native and a citizen...

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