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UNITED STATES v. HUSBAND

No. 241.

6 F.2d 957 (1925)

UNITED STATES ex rel. SCIMECA v. HUSBAND, Commissioner, et al.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

William Hayward, U. S. Atty., of New York City (James C. Thomas, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Michael Stein, of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

The lower court was entitled and required to pass upon the legality of what the Executive Department had done, and that was also the limit of its duty. It was error to hold what was a new hearing on new evidence as to certain of the facts. We passed on this point in Bieloszyka's Case, 3 F.2d 551 (opinion filed November 3, 1924). We do not, therefore, consider the affidavits...

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