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SIMONS v. UNITED STATES

No. 71-2263.

497 F.2d 1046 (1974)

Yale SIMONS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 8, 1974.

Attorney(s) appearing for the Case

A. Alexander Katz (argued), Phoenix, Ariz., for petitioner-appellant.

Michael B. Scott (argued), William C. Smitherman, U. S. Atty., N. Warner Lee, Asst. U. S. Atty., Phoenix, Ariz., for respondent-appellee.

Sheldon Mitchell, American Civil Liberties Union, Phoenix, Ariz., for amicus curiae.

Before CARTER and HUFSTEDLER, Circuit Judges, and PREGERSON, District Judge.

HUFSTEDLER, Circuit Judge:

Simons appeals from dismissal of his action for lack of jurisdiction.

The facts of this case may be gleaned from the pleadings and the affidavits in support of the motions of Simons and the Government for summary judgment. Simons is a public spirited citizen whose chief interest is the rehabilitation of ex-convicts. He is the founder of a nationwide organization, "The 7th Step Foundation," dedicated to assisting ex-convicts to become...

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