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UNITED STATES v. SHAUGHNESSY

No. 289, Docket 21452.

177 F.2d 708 (1949)

UNITED STATES ex rel. PIRINSKY v. SHAUGHNESSY.

United States Court of Appeals Second Circuit.

Decided September 30, 1949.

Attorney(s) appearing for the Case

Carol King, of New York City (Isidore Englander and Harry M. Justiz, both of New York City, on the brief), for relator-appellant.

Harold J. Raby, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., of New York City, and Louis Steinberg, Dist. Counsel, and Lester Friedman, Atty., New York Dist., Immigration and Naturalization Service, on the brief), for respondent-appellee.

Before SWAN and CLARK, Circuit Judges, and HINCKS, District Judge.

PER CURIAM.

The relator, an alien who entered this country in 1923, was taken into custody in deportation proceedings on September 23, 1948, and then released on $1,000 bail. On July 7, 1949, he was rearrested and all bail refused. He then sought this writ of habeas corpus. At the first hearing the district judge after taking testimony ruled that under U. S. ex rel. Potash v. District Director of Immigration and Naturalization...

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