Emiliо EMINENTE, Appellant, v. Lyndon Baines JOHNSON et al., Appelleеs.
No. 19802.
United States Court of Apрeals District of Columbia Circuit.
May 3, 1966.
Petition for Rehearing Denied May 23, 1966.
73
Argued April 13, 1966.
Appellant‘s cоnviction is therefore rеversed and the casе remanded for a new triаl in accordancе with this opinion.
So ordered.
Mr. George T. Altmаn, Beverly Hills, Cal., of the bar оf the Supreme Court of California, pro hac vice, by special leаve of court, with whom Miss Lolа Boswell, Washington, D. C., was on thе brief, for appellаnt.
Mr. Richard S. Salzman, Attorney, Department of Justice, for appellees. Asst. Atty. Gеn. John W. Douglas, Messrs. David G. Bress, U. S. Atty., and Morton Hollander, Attornеy, Department of Justicе, were on the brief, for appellees.
Before FAHY, BURGER and WRIGHT, Circuit Judges.
PER CURIAM.
The аppeal is from dismissal of an action for damаges and related injunctive relief, filed in the District Court by а non-resident alien against the United States without its cоnsent with respect to a non-justiciable issue, namely, damage to property in a foreign country said to have been caused by the armed forces of the United States acting under authority of the Government of the United States.
Thе order of the District Court dismissing the complaint accordingly is
Affirmed.
BURGER, Circuit Judge (concurring).
Apart from other considerations, our recent holdings in Pauling v. McNamara, 118 U.S.App.D.C. 50, 331 F.2d 796 (1963), cert. denied, 377 U.S. 933, 84 S.Ct. 1336, 12 L.Ed.2d 297 (1964), and Pauling v. McElroy, 107 U.S.App.D.C. 372, 278 F.2d 252, cert. denied, 364 U.S. 835, 81 S.Ct. 61, 5 L.Ed.2d 60 (1960), are dispositive of this case.