AGEE v. MUSKIE

No. 80-1125.

629 F.2d 80 (1980)

Philip AGEE v. Edmund S. MUSKIE, Secretary of State, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1980.

As Amended August 5, 1980.


Attorney(s) appearing for the Case

Michael F. Hertz, Atty., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., Leonard Schaitman, Mark H. Gallant and Douglas N. Letter, Attys., Dept. of Justice, and Roberts B. Owen, Dept. of State, Washington, D. C., were on brief for appellant.

Melvin L. Wulf, New York City, and Charles S. Sims, for appellee.

Before MacKINNON, ROBB and WALD, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBB.

Dissenting opinion filed by Circuit Judge MacKINNON.

ROBB, Circuit Judge:

In this case Philip Agee challenges a regulation relied on by the United States Department of State to revoke his passport. The District Court, 483 F.Supp. 729, declared the regulation invalid for lack of congressional authorization and restored the passport. We affirm.

Appellee Philip...

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