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EX PARTE ENDO

No. 70.

323 U.S. 283 (1944)

65 S.Ct. 208

89 L.Ed. 243

EX PARTE MITSUYE ENDO.

Supreme Court of United States.

Decided December 18, 1944.

Attorney(s) appearing for the Case

Mr. James C. Purcell, with whom Mr. Wayne M. Collins was on the brief, for Mitsuye Endo.

Solicitor General Fahy, with whom Assistant Attorney General Wechsler and Messrs. Edward J. Ennis, Ralph F. Fuchs, and John L. Burling were on the brief, for the United States.

Mr. Wayne M. Collins filed a brief on behalf of the Northern California Branch of the American Civil Liberties Union; and Messrs. Osmond K. Fraenkel, Edwin Borchard, Charles Horsky, Arthur DeHon Hill, Winthrop Wadleigh, Harold Evans, William Draper Lewis, and Thomas Raeburn White on behalf of the American Civil Liberties Union, as amici curiae, in support of Mitsuye Endo.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case comes here on a certificate of the Court of Appeals for the Ninth Circuit, certifying to us questions of law upon which it desires instructions for the decision of the case. Judicial Code § 239, 28 U.S.C. § 346. Acting under that section we ordered the entire record to be certified to this Court so that we might proceed to a decision, as if the case had been brought here by appeal.

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