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MRVICA v. ESPERDY

No. 274, Docket 27553.

317 F.2d 220 (1963)

Ivan MRVICA, Plaintiff-Appellant, v. P. A. ESPERDY, District Director, Immigration & Naturalization Service, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 14, 1963.

Attorney(s) appearing for the Case

Edith Lowenstein, New York City, for plaintiff-appellant.

Roy Babitt, Sp. Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, on the brief), for defendant-appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Plaintiff, a native of what is now Yugoslavia, entered the United States as a non-immigrant crewman January 21, 1940 and resided continuously in the United States thereafter, except for the period from September 4, 1942 to October 6, 1942 when he was on a South American voyage in a Yugoslav vessel as a seaman, under order of deportation, with a permit for temporary re-entry as a seaman under the Ninth Proviso of Section 3 of the Act...

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