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UNITED STATES v. MURFF

No. 274, Docket 24932.

260 F.2d 610 (1958)

UNITED STATES of America ex rel. Gyula PAKTOROVICS, Relator-Appellant, v. John L. MURFF, District Director, Immigration and Naturalization Service for the District of New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 6, 1958.

Attorney(s) appearing for the Case

Edward J. Ennis, New York City (Ralph Goldstein and Clifford Forster, New York City, on the brief), for relator-appellant.

Roy Babitt, Sp. Asst. U. S. Atty., New York City (Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City, on the brief), for respondent-appellee.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

MEDINA, Circuit Judge.

This is an appeal from the dismissal of a writ of habeas corpus obtained by appellant, a refugee who fled from Hungary at the time of the Soviet suppression of the revolution which swept his country in the fall of 1956. The writ was sustained as to appellant's wife and two children, but the Government's cross-appeal from that determination was voluntarily dismissed.

On November 26, 1956, appellant and his family left Budapest for Austria...

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