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UNITED STATES v. DAY

No. 386.

20 F.2d 302 (1927)

UNITED STATES ex rel. D'ISTRIA v. DAY, Commissioner of Immigration.

Circuit Court of Appeals, Second Circuit.

June 6, 1927.

Attorney(s) appearing for the Case

Gaspare M. Cusumano, of New York City, for appellant.

Albert D. Smith, of Brooklyn, N. Y., for appellee.

Before MANTON and L. HAND, Circuit Judges, and CAMPBELL, District Judge.

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

No point is raised that this writ was directed to the Commissioner of Immigration, and not to the master of the vessel. We do not, therefore, consider its propriety in this regard, or whether detention by the master at the Commissioner's order was detention by the Commissioner himself.

The cause comes up upon the petition, the return and the evidence taken...

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