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ADLER v. BROWNELL

No. 13240.

242 F.2d 28 (1957)

Alfred H. ADLER, Appellant, v. Herbert C. BROWNELL, Attorney General of the United States, Joseph Swing, Commissioner of Immigration and Naturalization Service, et al., and National Surety Corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1957.

Attorney(s) appearing for the Case

Mr. Alfred H. Adler, New York City, appellant, pro se.

Mr. John W. Kern, III, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, Asst. U. S. Atty., and Robert L. Toomey, Asst. U. S. Atty., at the time brief was filed, were on the brief, for appellees, Brownell and Swing, et al. Mr. Leo A. Rover, U. S. Atty., at the time record was filed, also entered an appearance for appellees, Brownell and Swing, et al.

Messrs. Arthur C. Bailey, Bernard J. Gallagher and J. Roy Thompson, Jr., Washington, D. C., entered appearances for appellee, National Surety Corp.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

Appellant became the husband of an alien while she was in this country in the status of a visitor. When she entered the country she gave an alien entry bond conditioned upon her departure from the United States by April 14, 1950, which did not occur. Subsequently her status in the United States was regularized, but the condition of the bond was declared breached. The surety thereafter paid the amount of the bond, $500, to the United States, followed...

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