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STRECKER v. KESSLER

No. 8680.

96 F.2d 1020 (1938)

Joseph George STRECKER, Appellant, v. Eugene KESSLER, District Director of Immigration and Naturalization, Appellee.

Circuit Court of Appeals, Fifth Circuit.

June 7, 1938.

Attorney(s) appearing for the Case

C. A. Stanfield, of Hot Springs, Ark., for appellant.

Leon D. Hubert, Jr., Asst. U. S. Atty., of New Orleans, La., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

PER CURIAM.

The judgment of reversal is amended to read, "Reversed, with directions to try the issues de novo as suggested in Ex parte Fierstein, 9 Cir., 41 F.2d 53, at page 54."

The motion for rehearing is denied.

SIBLEY, Circuit Judge, dissents.

SIBLEY, Circuit Judge (dissenting).

I think a rehearing should be granted, especially to consider the significance of the references to the Third Communist...

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