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Slavik v. Miller

decided: October 30, 1950.

MICHAEL FRANCIS SLAVIK, APPELLANT,
v.
WATSON B. MILLER, COMMISSIONER OF IMMIGRATION AND NATURALIZATION.



Before BIGGS, Chief Judge, and KALODNER and HASTIE, Circuit Judges.

Per Curiam.

The court below, 89 F.Supp. 575, lacked jurisdiction of the person of the Commissioner of Immigration and Naturalization and hence acquired no power to adjudicate the issues. We ruled to this effect in Podovinnikoff v. Miller, 3 Cir., 179 F.2d 937. See also Connor v. Miller, 2 Cir., 178 F.2d 755. It follows that the court below committed no error in entering the order complained of. Accordingly it will be affirmed.

19501030

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