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MENDOZA v. UNITED STATES

No. 79-3478.

672 F.2d 1320 (1982)

In the Matter of Petition for Naturalization of Sergio Elejar MENDOZA, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1982.

Rehearing and Rehearing Denied July 22, 1982.

Attorney(s) appearing for the Case

Frank O. Bowman, Dept. of Justice, Washington, D. C., for respondent-appellant; Frederick M. Brosio, Jr., Asst. U. S. Atty., Los Angeles, Cal., on brief.

Donald L. Ungar, Simmons & Ungar, San Francisco, Cal., for petitioner-appellee.

Before TANG and NORRIS, Circuit Judges; and CARROLL, District Judge.

Rehearing and Rehearing En Banc Denied July 22, 1982.

NORRIS, Circuit Judge:

The issue raised by this appeal is whether the district court abused its discretion in collaterally estopping the government from relitigating the constitutionality of the Attorney General's decision to withdraw a naturalization examiner from the Philippines in 1945. We hold there was no abuse of discretion and affirm.

I

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