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CADDEO v. McGRANERY

No. 11374.

202 F.2d 807 (1953)

CADDEO v. McGRANERY, Attorney General, et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 15, 1953.

Attorney(s) appearing for the Case

Josephus C. Trimble, with whom William J. Byrne, Washington, D. C., was on the brief, for appellant.

Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., and Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellees.

William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., also entered an appearance in behalf of the appellees.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

Appellant sought declaratory and injunctive relief in the District Court. His complaint alleged that he was a national of Italy, of good moral character, who lawfully entered the United States in 1927, remained more than seven years until 1935, then left under an order of voluntary departure, lawfully entered again in July, 1947, and ever since has resided in this country. The complainant further alleged that upon the basis of the foregoing...

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