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UNITED STATES v. UHL

46 F.Supp. 688 (1942)

UNITED STATES ex rel. ZDUNIC v. UHL, District Director of Immigration and Naturalization.

District Court, S. D. New York.

July 7, 1942.

Attorney(s) appearing for the Case

Bennet, House & Couts, of New York City (William S. Bennet, of New York City, of counsel), for relator.

Mathias F. Correa, U. S. Atty., of New York City (Samuel Brodsky and Stuart Z. Krinsly, Asst. U. S. Attys., both of New York City, of counsel), for respondent.

BRIGHT, District Judge.

The relator, taken into custody on December 17, 1941, as a German enemy alien, pursuant to section 21 of Title 50 U.S.C.A. and the President's proclamation issued thereunder, petitions for a writ of habeas corpus to determine the legality of his restraint.

Section 21 provides, so far as material, that "Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion...

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