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UNITED STATES v. UHL

No. 296.

137 F.2d 898 (1943)

UNITED STATES ex rel. SCHWARZKOPF v. UHL, District Director of Immigration.

Circuit Court of Appeals, Second Circuit.

August 18, 1943.

Attorney(s) appearing for the Case

Bennet, House & Couts, of New York City (William S. Bennet, Victor House, John F. Couts, and Bernard A. Finkel, all of New York City, of counsel), for appellant.

Mathias F. Correa, U. S. Atty., and Samuel Brodsky and Stuart Z. Krinsly, Asst. U. S. Attys., all of New York City, and Edward J. Ennis, Director, Alien Enemy Control Unit, Department of Justice, and Leo Gitlin, Atty., Department of Justice, both of Washington, D. C., for appellee.

John W. Davis, of New York City, for Austrian Action, Inc., as amicus curiae.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

Acting under the presidential proclamation of December 8, 1941, No. 2526, 6 Fed. Reg. 6323, promulgated pursuant to the Act of July 6, 1798 as amended, 50 U.S.C.A. § 21, agents of the Department of Justice arrested the relator as an alien enemy. An Alien Enemy Hearing Board recommended that he be interned, and the acting attorney general so ordered. To test the legality of his detention, the relator sued out a writ of habeas corpus. Argument...

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