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REDDY, INC. v. UNITED STATES DEPARTMENT OF LABOR

No. 73-1275.

492 F.2d 538 (1974)

REDDY, INC., et al., Plaintiffs, Vishwas B. Dhekney, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 1974.

Attorney(s) appearing for the Case

A. Don Crowder, Dallas, Tex., for plaintiff-appellant.

Frank D. McCown, U. S. Atty., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., for defendant-appellee.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

Vishwas Dhekney, an Indian national, sought an immigrant visa for permanent residence in the United States under 8 U.S.C. § 1153(a)(3), which excludes:

Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in section 1151(a) (ii) of this title, to qualified immigrants who are members of the professions, or who because of their exceptional ability in the sciences or the arts will substantially...

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