Weldon Bruce Dayton v. John Foster Dulles, Secretary of State

The Secretary of State denied a pass-part to appellant Dayton, who then sued in the District Court for a declaratory judgment that he is entitled to a passport and that the Secretary’s passport regulations and certain rules of the Board of Passport Appeals in the Department of State are unlawful. The motion of the Secretary for summary judgment was granted, that of the plaintiff was denied, and the complaint was dismissed. We held Dayton’s appeal undisposed of pending our en banc disposition of Boudin v. Dulles (Dulles v. Boudin), 98 U.S.App.D.C. 305, 235 F.2d 532.

As in the Boudin cases the…