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SHERMAN v. HAMILTON

No. 5841.

295 F.2d 516 (1961)

Joseph SHERMAN, Respondent, Appellant, v. James A. HAMILTON, Jr., District Director, Immigration and Naturalization Service, Petitioner, Appellee.

United States Court of Appeals First Circuit.

Decided October 30, 1961.

Attorney(s) appearing for the Case

Allan R. Rosenberg, Boston, Mass., for appellant.

James C. Heigham, Asst. U. S. Atty., Boston, Mass., with whom W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., was on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Massachusetts entered May 12, 1961 upon application of appellee for the enforcement of an administrative subpoena under the provisions of § 235(a) of the Immigration and Nationality Act of 1952, 66 Stat. 163, 198, 8 U.S.C.A. § 1225(a).

Section 235(a) provides in its pertinent part that any immigration officer "shall have power to require...

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