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DUNAT v. HURNEY

No. 13307.

297 F.2d 744 (1961)

Chris DUNAT, Appellant, v. L. W. HURNEY, District Director of Immigration, Philadelphia.

United States Court of Appeals Third Circuit.

Decided May 29, 1961.

Reargued November 14, 1961.

On Reargument January 24, 1962.

Attorney(s) appearing for the Case

Herbert S. Levin, Philadelphia, Pa., for appellant.

Charles M. Donnelly, Asst. U. S. Atty., Philadelphia, Pa. (Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before KALODNER, STALEY and FORMAN, Circuit Judges.

STALEY, Circuit Judge.

This appeal requires us to determine whether the Attorney General correctly interpreted the applicable statutory standard in denying an application for stay of a deportation order and, upon our determination that he failed to do so, the power of this court in the matter.

Dunat, a Yugoslav seaman who jumped ship in Norfolk, Virginia, in 1956, applied to the Attorney General under the provisions of subsection 243 (h) of the Immigration...

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