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AUTRY v. WILEY

No. 7778.

440 F.2d 799 (1971)

James Darwin AUTRY, Petitioner, Appellant, v. J. C. WILEY, Rear Admiral, USN etc., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

April 13, 1971.

Attorney(s) appearing for the Case

Harvey A. Silverglate, Boston, Mass., with whom Zalkind, Klubock & Silverglate was on the brief, for appellant.

George V. Higgins, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on the brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Petitioner, James Darwin Autry, a member of the United States Naval Reserve, left his ship, the USS McCAFFREY, on July 20, 1969, after it had docked at Halifax, Nova Scotia, Canada. When the McCAFFREY sailed, petitioner was not aboard. Autry desired to become a Canadian citizen and obtained and filed an application for Landed Immigrant status. About three months later he was arrested by Canadian Military Police at the request of American authorities...

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