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MARTINEZ v. NEELLY

No. 10517.

197 F.2d 462 (1952)

MARTINEZ v. NEELLY.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 7, 1952.

Attorney(s) appearing for the Case

Eugene Cotton, Chicago, Ill. (Cotton, Fruchtman & Watt, Chicago, Ill., of counsel), for appellant.

Otto Kerner, Jr., U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., William Sylvester White, Jr., Asst. U. S. Atty., Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.

MAJOR, Chief Judge.

Plaintiff by complaint, filed August 25, 1949, sought a review under § 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009, of an order of the Assistant Commissioner of Immigration and Naturalization, dated March 22, 1949, directing plaintiff's deportation to Mexico. Defendant on numerous grounds moved to dismiss the complaint, which motion was allowed by the District Court, October 1, 1951. From this order of dismissal the appeal...

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