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TODARO v. MUNSTER

No. 648.

62 F.2d 963 (1933)

TODARO v. MUNSTER, District Director of Immigration, et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 10, 1933.

Attorney(s) appearing for the Case

Gustave J. Ornauer, of Denver, Colo. (Kaelin, Smith & Thomas, of Kansas City, Mo., W. J. Waguespack and H. W. Waguespack, both of New Orleans, La., on the brief), for appellant.

Donald Little, Asst. U. S. Atty., of Topeka, Kan. (S. M. Brewster, of Topeka, Kan., on the brief), for appellees.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

This is an appeal from a judgment dismissing a habeas corpus proceeding in which the appellant sought his discharge from an order of deportation, which was annexed to a sentence for violations of the Harrison Narcotic Act (26 USCA §§ 211, 691 et seq.).

In his petition for the writ, appellant alleged he was born in Italy, has been a resident of the United States since 1907, and is imprisoned by the district director of immigration...

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