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BRYAN v. FUMIO ARAI

No. 7004.

64 F.2d 954 (1933)

BRYAN v. FUMIO ARAI.

Circuit Court of Appeals, Ninth Circuit.

May 3, 1933.

Attorney(s) appearing for the Case

Sanford B. D. Wood, U. S. Atty., and John Albert Matthewman, First Asst. U. S. Atty., both of Honolulu, Hawaii, and I. M. Peckham, U. S. Atty., and R. B. McMillan, Asst. U. S. Atty., both of San Francisco, Cal. (Arthur J. Phelan, U. S. Immigration Service, of San Francisco, Cal., on the brief), for appellant.

Frank E. Thompson and M. K. Ashford, both of Honolulu, Hawaii, and Grant H. Smith, of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.

MACK, Circuit Judge.

A majority of the Board of Special Inquiry voted to admit appellee; on a dissenting member's appeal to the Secretary of Labor, taken under Act of February 5, 1917, c. 29, § 17, 39 Stat. 887, U. S. C. title 8, § 153 (8 USCA § 153), appellee was ordered excluded.

In the District Court, on the hearing pursuant to an order to show cause why the writ of habeas corpus should not issue, appellee was ordered discharged from the...

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