Dong Wing Ott v. Shaughnessy

We granted the rehearing to the extent of receiving briefs from the parties because we wished to consider the impact on this case of Quan v. Brownell, D.C.Cir., 248 F.2d 89. That decision appears to support the position of the plaintiffs; but while we have been moved to give earnest consideration to it because of our high regard for the tribunal which rendered it, we are constrained to disagree and to continue to follow the Ninth Circuit cases, of which the latest was cited in our opinion.

We think our brothers of the District of Columbia have overlooked the continuing vitality of Kaplan v.…