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RIVA v. ATTORNEY GENERAL OF UNITED STATES

Civ. A. No. 74-15.

377 F.Supp. 1286 (1974)

Barbara Ann RIVA, Renato Riva, Plaintiffs, v. The ATTORNEY GENERAL OF the UNITED STATES, Defendant.

United States District Court, District of Columbia, Civil Division.

June 17, 1974.

Attorney(s) appearing for the Case

Jack Wasserman, Washington, D.C., Elmer Fried, Fried, Fragomen & DelRey, New York City, for plaintiffs.

Richard I. Chaifetz, Dept. of Justice, Washington, D.C., for defendant.

Before McGOWAN, Circuit Judge, and SMITH and GESELL, District Judges.

OPINION

PER CURIAM:

This action challenges the constitutionality of section 212(a)(22) of the Immigration and Nationality Act (hereinafter "Act"), 8 U.S.C. § 1182(a)(22), providing that aliens who have departed the United States in time of war or national emergency for the purpose of avoiding or evading military training or service, are ineligible to receive visas and shall be excluded from admission into the United States.1

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