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AGCAOILI v. GUSTAFSON

No. 86-5830.

870 F.2d 462 (1989)

Jaime Agustin AGCAOILI, et al., Plaintiffs-Appellants, v. Ernest E. GUSTAFSON, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1988.

Reargued on Grant of Petition for Rehearing December 13, 1988.

Decided March 9, 1989.

Attorney(s) appearing for the Case

Russell Marshak and Brian E. Schield, Popkin, Shamir & Golan, Los Angeles, Cal., for plaintiffs-appellants.

Marshall Tamor Golding, Atty., Civil Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BROWNING, FLETCHER and POOLE, Circuit Judges.

PER CURIAM:

After the decision by the Supreme Court in INS v. Pangilinan, ___ U.S. ___, 108 S.Ct. 2210, 100 L.Ed.2d 882 (1988), we granted rehearing. In light of the Supreme Court's decision, we withdraw our previous opinion and deny the appellant's petition for mandamus.

Appellants, Filipinos who served in the United States Armed Forces during World War II, brought this mandamus action to compel the Immigration...

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