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UNITED STATES v. LEHMANN

No. 12759.

239 F.2d 663 (1956)

UNITED STATES of America ex rel. Francesco BRANCATO, Appellant, v. John M. LEHMANN, Officer in Charge, Immigration & Naturalization Service, Appellee.

United States Court of Appeals Sixth Circuit.

November 21, 1956.

Attorney(s) appearing for the Case

Henry C. Lavine, Cleveland, Ohio, for appellant.

Eben H. Cockley, Cleveland, Ohio, Sumner Canary, U. S. Atty., Cleveland, Ohio, on the brief, for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.

MILLER, Circuit Judge.

This is an appeal from an order of the District Judge dismissing appellant's application for a Writ of Habeas Corpus.

The material facts are not in dispute. Appellant who was a native of Italy and is now approximately sixty years old, entered this country in 1914. He was naturalized in the District Court at Cleveland, Ohio on November 15, 1929. He married a United States native born citizen who died in September 1955. He has five children...

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