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McNEIL v. KENNEDY

No. 16406.

298 F.2d 323 (1962)

Allan D. McNEIL, Appellant, v. Robert F. KENNEDY, Attorney General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 4, 1962.

Attorney(s) appearing for the Case

Mr. David Rein, Washington, D. C., with whom Mr. Joseph Forer, Washington, D. C., was on the brief, for appellant.

Mr. John R. Schmertz, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Miss Sylvia A. Bacon, Asst. U. S. Atty., were on the brief, for appellee. Mr. Nathan J. Paulson, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and FAHY, Circuit Judges.

PER CURIAM.

In proceedings before the Immigration and Naturalization Service appellant was found to be an alien who was illegally in the country. He was accordingly ordered deported. At an earlier period he had served in the United States Army a number of years, after which he left the country, to return in 1938 without the necessary immigration visa if he were an alien. Maintaining that he was not an alien appellant instituted this suit in the District Court to have...

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