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UNITED STATES v. HOLTON

No. 11521.

228 F.2d 827 (1956)

UNITED STATES of America ex rel. Silvio Dario DURANTE, Petitioner-Appellant, v. Ralph H. HOLTON, District Director of Immigration and Naturalization Service, United States Department of Justice, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 7, 1956.

Attorney(s) appearing for the Case

Matthew Steinberg and Salvatore S. Oddo, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., Anna R. Lavin, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Attys., Chicago, Ill., of counsel, for appellee.

Before FINNEGAN, SWAIM and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Upon the facts set forth in the amended petition for a writ of habeas corpus filed by Silvio Dario Durante,1 and those facts set forth in the answer of Ralph H. Holton, District Director of United States Immigration and Naturalization Service,2 to the extent that they were not denied by Durante's reply, the district court on April 14, 1955 dimissed the amended petition and remanded...

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