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UNITED STATES v. LOISEL

No. 5073.

25 F.2d 302 (1928)

UNITED STATES ex rel. CHIN THYN v. LOISEL, U. S. Marshal.

Circuit Court of Appeals, Fifth Circuit.

April 4, 1928.

Attorney(s) appearing for the Case

Hugh S. Suthon, of New Orleans, La., for appellant.

Wayne G. Borah, U. S. Atty., and Edmond E. Talbot, Asst. U. S. Atty., both of New Orleans, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellant, a Chinese person, was ordered deported by a United States commissioner on September 1, 1916. On October 2, 1916, he took an appeal to the District Court, and was enlarged on bond. A motion was filed on behalf of the United States, to dismiss the appeal for want of jurisdiction, on the ground that it was not taken in time. For some reason not disclosed, the matter rested until May 27, 1922, without action of any kind, and on that day...

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