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CANNON v. UNITED STATES

No. 119, Docket 26051.

288 F.2d 269 (1961)

Garrett Aiden CANNON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 27, 1961.

Attorney(s) appearing for the Case

Paul O'Dwyer, New York City (Howard N. Meyer, New York City, of counsel), for petitioner-appellant.

S. Hazard Gillespie, Jr., U. S. Atty., S. D. N. Y., New York City (Roy Babitt, Special Asst. U. S. Atty., New York City, of counsel), for respondent-appellee.

Before CLARK, WATERMAN and FRIENDLY, Circuit Judges.

WATERMAN, Circuit Judge.

This appeal requires us to interpret Section 315(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1426(a) (effective December 24, 1952), a section interpreted by the Supreme Court in Ceballos v. Shaughnessy, 1957, 352 U.S. 599, 77 S.Ct. 545, 1 L.Ed.2d 583, and exhaustively considered by this court in United States v. Hoellger, 2 Cir., 1960, 273 F.2d 760....

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