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UNITED STATES v. DAY

44 F.2d 239 (1929)

UNITED STATES ex rel. NOON v. DAY, Commissioner of Immigration.

District Court, S. D. New York.

May 7, 1929.

Attorney(s) appearing for the Case

M. Michael Edelstein, of New York City, for relator.

Charles H. Tuttle, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for respondent.

KNOX, District Judge.

Relator's writ will be sustained. When it is considered that the statements of Low Ging were based upon his recollection of his home village as he knew it prior to 1896, and upon information and observation acquired on the occasion of two visits since paid to China, one in 1908-1909 and another in 1916-1917, there is little reason to be surprised that differences should be found to exist between his testimony...

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