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MARCELLO v. ATTORNEY GENERAL OF UNITED STATES

No. 72-2169.

495 F.2d 171 (1974)

Carlos MARCELLO, Appellant, v. The ATTORNEY GENERAL OF the UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1974.

Rehearing Denied February 27, 1974.

Attorney(s) appearing for the Case

Jack Wasserman, Washington, D. C., with whom Benjamin M. Parker, Washington, D. C., was on the brief, for appellant.

Paul C. Vincent, Atty., Office of Gen. Counsel, Immigration and Naturalization Service, with whom Harold H. Titus, Jr., U. S. Atty., was on the brief for appellee. George W. Masterson, Jr., Atty., Dept. of Justice, also entered an appearance for appellee.

Before McGOWAN, TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge :

This case is before the court on appeal from a ruling of the District Court granting summary judgment to the Government and dismissing on the merits a complaint which sought a declaratory judgment that the Attorney General had exceeded his discretionary authority by requesting the plaintiff to complete an application for an Italian passport. We remand with instructions to dismiss the complaint for...

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