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MAGNUSON v. BAKER

No. 88-4180.

911 F.2d 330 (1990)

Robert L. MAGNUSON, personal representative of Charles Vernon Myers, Plaintiff-Appellee, v. James BAKER, Secretary of State; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1990.

Attorney(s) appearing for the Case

William H. Beatty, Asst. U.S. Atty., Spokane, Wash., for defendants-appellants.

Leslie R. Weatherhead, Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for plaintiff-appellee.

Before TANG, HALL and BRUNETTI, Circuit Judges.

TANG, Circuit Judge:

The Secretary of State (the "Secretary") appeals the district court's summary judgment order which rejected the Secretary's attempt to revoke the passport of Charles Vernon Myers ("Myers"). We affirm.

FACTS AND PROCEEDINGS

Myers was born in Canada in 1912. In the mid 1970's, Myers fled Canada after Canadian authorities convicted him of tax evasion. Myers relocated in the United States.

On October 6, 1985, Myers applied...

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