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UNITED STATES v. SHAUGHNESSY

134 F.Supp. 217 (1954)

UNITED STATES of America ex rel. Mario ROSIO, Relator, v. Edward J. SHAUGHNESSY, District Director, Immigration and Naturalization Service, New York District, Respondent.

United States District Court S. D. New York.

June 14, 1954.

Attorney(s) appearing for the Case

Sebastian Frisof, New York City, for relator.

J. Edward Lumbard, U. S. Atty., Lester Friedman, Atty. in the Office of the District Counsel, Immigration and Naturalization Service, United States Department of Justice, New York City, for respondent.

McGOHEY, District Judge.

Relator, a French national, was admitted for permanent residence as a quota immigrant in December of 1951. Thereafter he registered for the draft and was classified IV-C. In January, 1953, he was reclassified I-A. One week thereafter he applied for and received exemption from military service on the ground of alienage, and was reclassified IV-C. He admits that the form which he signed contained the words "* * * `any person who makes such application...

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