# Nathan v. Dulles

> District Court, District of Columbia · February 28, 1955 · 129 F. Supp. 951

URL: https://www.frixlaw.com/law-library/cases/8720708

## Case

- **Full name:** Otto NATHAN v. John Foster DULLES, Secretary of State
- **Court:** District Court, District of Columbia
- **Decided:** February 28, 1955
- **Citations:** 129 F. Supp. 951; 1955 U.S. Dist. LEXIS 3622
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Schweinhaut
- **Judges:** Schweinhaut
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8720708

## Opinion text

SCHWEINHAUT, District Judge.
This action involves an application for a passport to travel abroad which was denied. Several legal questions are posed but one it seems to me is predominant and determines the case. Plaintiff applied for a passport in December 1952. After several months of informal interrogation and correspondence, he was in July 1954 denied a passport. The record in the case and stipulations of counsel leave the facts fairly clear and from them I can reach only one conclusion which is that the plaintiff did not have a hearing which the law contemplates and guarantees. I do not suggest the form or the manner in which such a hearing should be held but there should be one. It does not satisfy me to argue that the plaintiff has not exhausted his administrative remedies since I think as a matter of practical fact he had none.
The motion to dismiss the complaint is denied and an appropriate order will be signed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8720708. Public record. Not legal advice.