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AMERICAN PRESIDENT LINES v. MACKEY

Civ. A. No. 5367-52.

120 F.Supp. 897 (1953)

AMERICAN PRESIDENT LINES, Inc. v. MACKEY et al.

United States District Court District of Columbia.

April 24, 1953.

Attorney(s) appearing for the Case

Robert M. Scott, Asst. U. S. Atty., Washington, D. C., for motion of dismissal and opposed to motion for summary judgment.

Welburn Mayock, Washington, D. C., for motion for summary judgment and opposed to motion for dismissal.

HOLTZOFF, District Judge.

This is an action for a declaratory judgment against the Commissioner of Immigration and Naturalization to declare certain immigration regulations promulgated on May 14, 1952, to be illegal and void. The defendant moves to dismiss the complaint.

The substantive right to secure a judicial review of agency action is conferred by the Administrative Procedure Act, U.S.C.A., Title 5, Section 1009(a). The form of action to secure such a...

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