UNITED STATES EX REL. MARK GUEY HIM v. REIMER

No. 31.

115 F.2d 241 (1940)

UNITED STATES ex rel. MARK GUEY HIM v. REIMER, Com'r of Immigration.

Circuit Court of Appeals, Second Circuit.

November 4, 1940.


Attorney(s) appearing for the Case

Banton & Pecora, of New York City (Joab H. Banton and Raymond A. Flynn, both of New York City, of counsel), for appellant.

John T. Cahill, U. S. Atty., of New York City (Jerome H. Doran, of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND and CHASE, Circuit Judges.


PER CURIAM.

The applicant has been excluded from admission to the United States because he failed to prove his citizenship. He asserted that the relator, concededly a citizen, was his father; and the question, as always in these cases, was whether the proof was so indisputable that a denial of his paternity could only have proceeded from an entire disregard of the evidence, and an arbitrary disposition not to hear the case upon the merits. The witnesses were examined...

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