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MARINELLI v. RYAN

No. 79, Docket 26213.

285 F.2d 474 (1961)

Guerino MARINELLI, Appellant, v. John P. RYAN, District Director Immigration and Naturalization Service, Hartford, Connecticut, Appellee.

United States Court of Appeals Second Circuit.

Decided January 4, 1961.

Attorney(s) appearing for the Case

Samuel Tapper, Maplewood, N. J., for appellant.

Harry W. Hultgren, Jr., Hartford, Conn., for appellee.

Before LUMBARD, Chief Judge, and HAND and WATERMAN, Circuit Judges.

HAND, Circuit Judge.

The plaintiff appeals from a judgment of Judge Smith, under § 1009(b) of Title 5 U.S.C.A., dismissing his complaint to enjoin the execution of an order of the defendant, deporting him to Italy on the ground that he had been convicted in a court of Connecticut of "a crime involving moral turpitude."

The facts are as follows. On October 15, 1959, the defendant issued an order that the plaintiff...

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