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SHAPIRO v. SECRETARY OF STATE

No. 73-2260.

499 F.2d 527 (1974)

Samuel SHAPIRO and Bella Shapiro, Appellants, v. SECRETARY OF STATE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1974.

Rehearing Denied July 17, 1974.

Attorney(s) appearing for the Case

Nathan Lewin, Washington, D. C., with whom Herbert J. Miller, Jr. and Martin D. Minsker, Washington, D. C., were on the brief, for appellants.

Robert S. Watkins, Atty., Dept. of Justice, with whom Scott P. Crampton, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty. and Robert S. Rankin, Asst. U. S. Atty. were on the brief, for appellees. Arnold T. Aikens, Asst. U. S. Atty. also entered an appearance for appellees.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

PER CURIAM:

Appellant Samuel Shapiro, a citizen of Israel, sought to enjoin his extradition by the United States, or, in the alternative, to enjoin a jeopardy assessment made against him by the Commissioner of Internal Revenue. Holding that it lacked jurisdiction, the District Court denied a motion for preliminary injunction and dismissed the complaint. Because we believe that the District Judge acted prematurely in dismissing the complaint against the Commissioner...

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