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UNITED STATES v. ESPERDY

No. 170, Docket 27557.

315 F.2d 673 (1963)

UNITED STATES of America ex rel. Herman Frederick MARKS, Relator-Appellant-Appellee, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service, New York District, United States Department of Justice, Respondent-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided April 9, 1963.

Attorney(s) appearing for the Case

Murray A. Gordon, New York City, for relator-appellant-appellee.

Vincent L. Broderick, U. S. Atty., S. D. N. Y. (Roy Babitt, Spec. Asst. U. S. Atty., of counsel), for respondent-appellee-appellant.

Before WATERMAN, SMITH and HAYS, Circuit Judges.

WATERMAN, Circuit Judge.

Herman Frederick Marks was born in Milwaukee, Wisconsin, on August 1, 1921. In 1958 he went to Cuba and there joined Fidel Castro's revolutionary forces fighting in the Sierra Maestra Mountains to overthrow the government of Fulgencio Batista. After the revolution was brought to a successful conclusion in January 1959, Marks continued to serve as a captain in the Cuban Rebel Army. He was placed in command of some 7,000 to 8,000 men charged...

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