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IN RE BALLAY

No. 71-2023.

482 F.2d 648 (1973)

In re John BALLAY, a/k/a Figeret Hoxha, Appellant Patient.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Karen E. Moore, Washington, D. C., for appellant. Robert M. Weinberg, Washington, D. C., also entered an appearance for appellant.

Percy H. Russell, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Lester B. Seidel, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

TAMM, Circuit Judge.

I. INTRODUCTION

John Ballay was born in Albania in 1933, where he was educated, served in the military and worked until the mid 1950's. He then entered Yugoslavia and was soon imprisoned for six years as a result of his militant anticommunist activities. Following his release he entered Austria, where he was employed as a tailor. He journeyed to the United States in 1966 "because everybody knows that the United States are [sic

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