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UNITED STATES v. ZIMMERMAN

No. 9961.

180 F.2d 582 (1950)

UNITED STATES of America ex rel. CHIN FAT NEU, Appellant, v. Karl I. ZIMMERMAN, District Director of Immigration.

United States Court of Appeals Third Circuit.

Filed March 8, 1950.

On Amendment of Judgment March 15, 1950.

Attorney(s) appearing for the Case

John M. Smith, Jr., Philadelphia, Pa., for appellant.

James P. McCormick, Asst. U. S. Atty., Philadelphia, Pa. (Gerald A. Gleeson, United States Attorney, Philadelphia, Pa., F. W. Braden, Acting District Adjudications Officer, Immigration and Naturalization Service, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and O'CONNELL, Circuit Judges.

PER CURIAM.

The question presented by this appeal is whether the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq., applies to a deportation hearing conducted by the Immigration and Naturalization Service. The hearing given the appellant did not conform to the requirements of the Act. The question has been ruled in favor of the appellant by the Supreme Court in Wong Yang Sung v. McGrath, 70 S.Ct. 445, decided February...

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