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WOLF v. BOYD

November 22, 1949

WOLF
v.
BOYD et al.



The opinion of the court was delivered by: BOWEN

Plaintiff in this action seeks an interlocutory injunction restraining the District Director of Immigration and Naturalization Service and a named Inspector of the same Service from holding and continuing to hold deportation hearings in plaintiff's case before the same hearing officers as those who, as prosecuting officers, prepared the evidence and made the case for deportation against plaintiff, it being the contention of plaintiff that such hearing officers were not qualified under the provisions of the Administrative Procedure Act, Sec. 1001 et seq. of Title 5 U.S.C.A.

Defendants move to dismiss and, in that connection, contend that the Administrative Procedure Act does not apply to deportation proceedings.

19491122

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