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CHARLEY HEE v. UNITED STATES

No. 2094.

19 F.2d 335 (1927)

CHARLEY HEE v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

May 17, 1927.

Attorney(s) appearing for the Case

Edward J. Casey, of Boston, Mass., and H. W. Sullivan, of Jamaica Plain, Mass. (Edward P. Barry and Barry, Casey & Sullivan, all of Boston, Mass., on the brief), for appellant.

John W. Schenck, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Gloucester, Mass., on the brief), for the United States.

Before JOHNSON and ANDERSON, Circuit Judges, and MORTON, District Judge.

MORTON, District Judge.

This is a deportation case under the Chinese Exclusion Act. It was heard in the first instance by Commissioner Jenney, who made an order of deportation from which the defendant appealed. In the District Court the appeal was heard, — apparently by agreement of parties, — solely upon a transcript of the testimony before the commissioner, together with his memorandum of decision. It is not a satisfactory way to deal with a matter...

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