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UNITED STATES v. WATKINS

No. 28, Docket 20669.

164 F.2d 137 (1947)

UNITED STATES ex rel. GREGOIRE v. WATKINS, District Director of Immigration and Naturalization.

Circuit Court of Appeals, Second Circuit.

November 6, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Harold J. Raby, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Gunther Jacobson, of New York City, (John Windsor, of Jackson Heights, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This appeal raises two questions: (1) whether the district court erred in granting the relator a hearing in view of previous habeas corpus proceedings, and (2) whether the relator is a "native" of Germany within the meaning of the Alien Enemy Act, 50 U.S.C.A. § 21. The relevant facts are not in dispute.

The relator is a descendant of an old French family which had resided in the Province of Lorraine for many generations. He was born...

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