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UNITED STATES v. JORDAN

No. 9296.

164 F.2d 633 (1947)

UNITED STATES ex rel. SCHLIMMGEN v. JORDAN, Dist. Director of Immigration and Naturalization Service.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 16, 1948.

Attorney(s) appearing for the Case

Otto Kerner, Jr., U. S. Atty., John Peter Lulinski and Maurice C. Handelman, Asst. U. S. Attys., and John M. McWhorter, Immigration and Naturalization Service, all of Chicago, Ill., for appellant.

Joseph J. Merensky and T. S. Friedman, both of Chicago, Ill., for appellee.

Before EVANS and MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Appellee, a German citizen and a registered alien enemy, in a habeas corpus proceeding in the District Court, was discharged from the custody of the Attorney General, who had entered an order for his deportation. The District Director of Immigration and Naturalization appeals. Pertinent provisions of the Immigration Act, U.S.C.A., Title 8, Sections 136, 155 and 173 appear in the footnote.

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