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ROSE v. McNAMARA

No. 20323.

375 F.2d 924 (1967)

Eiko Uehara ROSE, Appellant, v. Robert S. McNAMARA, Secretary of Defense, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 23, 1967.

Attorney(s) appearing for the Case

Mr. Stuart H. Robeson, Washington, D. C., with whom Mr. Roger E. Brooks, Washington, D. C., was on the brief, for appellant. Mr. Warren E. Magee, Washington, D. C., also argued for appellant. Mr. Hans A. Nathan, Washington, D. C., also entered an appearance for appellant.

Mr. Walter H. Fleischer, Atty., Dept. of Justice, with whom Acting Asst. Atty. Gen., J. William Doolittle, Messrs. David G. Bress, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellee. Mr. John C. Eldridge, Atty., Dept. of Justice, also entered an appearance for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.

McGOWAN, Circuit Judge:

Appellant, a naturalized American citizen residing on the island of Okinawa in the Ryukyu Islands, was convicted of evading income taxes imposed by a local taxing statute. Her trial was had before a jury in a local court created as part of the machinery for the government of Okinawa after its capture by the United States in World War II. An appellate court in the same judicial system having denied her appeal, she brought suit against the Secretary...

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