NEUBERGER v. UNITED STATES

No. 101.

13 F.2d 541 (1926)

NEUBERGER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 13, 1926.


Attorney(s) appearing for the Case

Louis Marshall, Eugene Untermyer, and Herbert S. Brussel, all of New York City, for appellant.

Emory R. Buckner, U. S. Atty., of New York City (Charles Lincoln Sylvester, of New York City, of counsel), for the United States.

Before HOUGH, HAND, and MACK, Circuit Judges.


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

That Neuberger's domicile remained in New York there is not the slightest question. On the record, his detention until December, 1918, was involuntary, and while the explanation of his subsequent delay of over two years before returning might prove inadequate upon cross-examination, or upon a trial under a bill to cancel, we shall accept it for the purposes of this appeal. Indeed, even if he voluntarily lingered...

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