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SCHENCK v. WARD

No. 3023.

80 F.2d 422 (1935)

SCHENCK ex rel. CAPODILUPO v. WARD, Commissioner of Immigration.

Circuit Court of Appeals, First Circuit.

November 21, 1935.

Attorney(s) appearing for the Case

John W. Schenck, of Boston, Mass., for appellant.

Frank W. Tomasello, Asst. U. S. Atty., of Boston, Mass. (Francis J. W. Ford, U. S. Atty., of Boston, Mass., and Arthur J. B. Cartier, Asst. U. S. Atty., of Fall River, Mass., on the brief), for appellee.

Before BINGHAM and MORTON, Circuit Judges, and MORRIS, District Judge.

BINGHAM, Circuit Judge.

This is an appeal from a final order or judgment of October 16, 1934, in the federal District Court for Massachusetts, dismissing a petition for a writ of habeas corpus and discharging the writ. At the hearing before the District Court, no evidence was introduced other than the file constituting the record in the case before the Immigration Board.

The District Court found that the petitioner had counsel, was afforded a fair hearing...

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