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TOYOSABURO KOREMATSU v. UNITED STATES

No. 10248.

140 F.2d 289 (1943)

TOYOSABURO KOREMATSU v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 7, 1944.

Writ of Certiorari Granted March 27, 1943.

Attorney(s) appearing for the Case

Wayne M. Collins, of San Francisco, Cal., for appellant.

Charles Fahy, Director, War Division, Department of Justice, Edward J. Ennis, Head, Alien Enemy Control Unit, Department of Justice, John L. Burling, Nanette Dembitz, and Leo Gitlin, Attys., War Division, Department of Justice, all of Washington, D. C., Charles Burdell, Sp. Asst. to the Atty. Gen., Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst., U. S. Atty., both of San Francisco, Cal., for appellee.

Robert W. Kenney, Atty. Gen., amicus curiae, for State of California.

Before WILBUR, GARRECHT, DENMAN, MATHEWS, HANEY, STEPHENS, and HEALY, Circuit Judges.

Writ of Certiorari Granted March 27, 1943. See 64 S.Ct. 786.

WILBUR, Circuit Judge.

Appellant was convicted of, and placed on probation for five years for, the offense of remaining in that portion of Military Area No. 1, covered by Civilian Exclusion Order No. 34 of the Commanding General, J. L. DeWitt, issued May 3, 1942, in which all persons of Japanese ancestry are excluded from, and not permitted to remain in, the City of San Leandro, County of Alameda...

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