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SMITH v. SAXBE

No. 75-2043.

562 F.2d 729 (1977)

Calvin F. SMITH on behalf of himself and all others similarly situated, Appellant, v. William B. SAXBE, American Embassy in New Delhi, c/o Department of State, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1977.

Attorney(s) appearing for the Case

Lawrence H. Mirel, Washington, D.C., for appellant. David T. Austern, Washington, D.C., was on the brief, for appellant.

Judith Hetherton, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and William D. Pease, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This case comes before us on appeal from an order of the District Court granting summary judgment against plaintiff Calvin Smith, who instituted this action for damages and declaratory relief, alleging violations of his constitutional rights. We agree with the District Court that there existed no genuine issue of material fact and that...

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