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UNITED STATES v. PHELPS

14 F.2d 679 (1926)

UNITED STATES ex rel. JOHANSON v. PHELPS, Immigration Inspector, and three other cases.

District Court, D. Vermont.

August 16, 1926.

Attorney(s) appearing for the Case

Francis E. Hamilton and H. Ely Goldsmith, both of New York City, for relators.

Allen Martin, Asst. U. S. Atty., of Essex Junction, Vt., opposed.

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

The foundation stone of argument for relators is that they are not immigrants. This must be emphasized, both to do justice to the legal propositions advanced by relators' counsel, and to dissipate a certain illogicality arising from the departmental decision in Re Leskova. That young woman, like all the rest, stoutly denies that she wishes to remain permanently in the...

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