ESTEVEZ v. NABERS

No. 15200.

219 F.2d 321 (1955)

Jose ESTEVEZ v. Horace A. NABERS, Acting Officer in Charge, New Orleans Office Immigration & Naturalization Service.

United States Court of Appeals, Fifth Circuit.

February 11, 1955.


Attorney(s) appearing for the Case

Max Zelden and Sam Monk Zelden, New Orleans, La., for appellant.

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

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

The court below having dismissed this action as res judicata, the sole issue on this appeal is whether that principle was correctly applied. The complaint in this action alleged that upon his most recent arrival in the United States on May 14, 1953, plaintiff, a Honduran citizen, was ordered excluded under the provisions of 8 U.S.C.A. § 1182(a) (22);1 that further proceedings resulted in an order of the Board...

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