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UNITED STATES v. MARSHALL

No. 4289.

46 F.2d 853 (1931)

UNITED STATES ex rel. ORISI v. MARSHALL, Immigration Inspector.

Circuit Court of Appeals, Third Circuit.

January 29, 1931.

Attorney(s) appearing for the Case

Adrian Bonnelly, of Philadelphia, Pa., and John A. Virostek and John Kulamer, both of Pittsburgh, Pa., for appellant.

Louis E. Graham, U. S. Atty., and Zeno Fritz, Asst. U. S. Atty., both of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and JOHNSON, District Judge.

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court dismissing a writ of habeas corpus sued out by the relator.

He first came to the United States in 1912 and remained here until 1921, when he returned to Italy, his native country. He came back to the United States on September 18, 1923, and it is alleged, in a short stipulation of facts made by some one for the relator, that he was admitted at New York "as a transient destined to Canada...

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