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GAGLIANO v. NABERS

No. 15056.

222 F.2d 958 (1955)

Giuseppe GAGLIANO, Appellant, v. Horace A. NABERS, Acting Officer in Charge, United States Immigration & Naturalization Service (John M. Bonds, Officer in Charge, substituted as appellee in place and stead of Horace A. Nabers), Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 16, 1955.

Attorney(s) appearing for the Case

P. M. Flanagan, Wm. C. Orchard, New Orleans, La., for appellant.

Prim B. Smith, Jr., Asst. U. S. Atty., New Orleans, La., George R. Blue, U. S. Atty., New Orleans, La., for appellee.

Before HOLMES, RIVES and TUTTLE, Circuit Judges.

PER CURIAM.

This appeal, argued and submitted on January 20, 1955, has been held awaiting decision of the Supreme Court in Marcello v. Bonds, 75 S.Ct. 757. The decision in the Marcello case rendered May 31, 1955, admittedly forecloses all of the appellant's contentions except one. As we understand that contention, it is that Section 1251(a) (11), Title 8 U.S.Code, when considered in the light of the savings clause embodied...

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