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UNITED STATES v. CURRAN

No. 302.

7 F.2d 302 (1925)

UNITED STATES ex rel. BARONE v. CURRAN, Immigration Commissioner.

Circuit Court of Appeals, Second Circuit.

May 4, 1925.

Attorney(s) appearing for the Case

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (William A. De Groot, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for appellant.

John M. Lyons, of New York City, for appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

The appellee, born January 17, 1907, in Italy, unmarried and a laborer, who had never been in the United States before, arrived at the port of New York seeking admission. He was excluded by the board of special inquiry because, after a test, it was found that he was unable to read. After an unsuccessful appeal to the Commissioner of Labor, he sued out this writ of habeas corpus, and the district judge sustained the writ, holding that he was...

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