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CONCLUSION

While the appeal herein is from an order of dis-

missal on the ground that the action had abated be-

cause of failure to substitute John Foster Dulles, as

defendant in place of Dean Acheson and that question

has been decided adversely to our contention, yet the

all-important question is one of jurisdiction of the

District Court it would seem idle to reverse the order

of dismissal and send the case back to the District

Court if it had no jurisdiction in the first instance.

It is therefore respectfully submitted that the

order of dismissal should not be reversed if, as we

think we have demonstrated the District Court, for

the reasons stated did not have any jurisdiction in

the premises.

Respectfully submitted,

CHARLES P. MORIARTY

United States Attorney

JOHN E. BELCHER

Assistant United States Attorney

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archive.org Volume Name: govuscourtsca9briefs2858

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