Fred Williams v. John F. Mulcahey, District Director of Immigration and Naturalization at Detroit, Michigan

Sixth Circuit

Fred Williams v. John F. Mulcahey, District Director of Immigration and Naturalization at Detroit, Michigan

253 F.2d 709

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 28, 1958

Docket13119_1

StatusPublished

Cited by4 cases

This text of 253 F.2d 709 (Fred Williams v. John F. Mulcahey, District Director of Immigration and Naturalization at Detroit, Michigan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fred Williams v. John F. Mulcahey, District Director of Immigration and Naturalization at Detroit, Michigan, 253 F.2d 709 (6th Cir. 1958).

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Opinion

PER CURIAM.

The appellant has filed a petition for a rehearing and stay of mandate in this case, pending the decision of the Supreme Court of the United States in Rowoldt v. Perfetto. That case has now been decided. 355 U.S. 115, 78 S.Ct. 180, 2 L.Ed. 2d 140..

In the present case the evidence showed that the appellant at various times between 1929 and 1949 was known as a “functionary” and an “organizer” in the Communist Party, that he was a member of the Party’s Michigan District Committee and District Bureau, that he was a delegate to national and Michigan conventions of the Party in 1934, and that he was a candidate for public office in Michigan on the Communist Party ballot. There was thus a substantial basis for finding that he committed himself to the Communist Party in consciousness that he was “joining an organization known as the Communist Party which operates as a distinct and active political organization * * *.” Galvan v. Press, 1954, 347 U.S. 522, 528, 74 S.Ct. 737, 741, 98 L.Ed. 911; Ro-woldt v. Perfetto, supra.

The petition for rehearing and stay of mandate is denied.

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PER CURIAM.

The appellant has filed a petition for a rehearing and stay of mandate in this case, pending the decision of the Supreme Court of the United States in Rowoldt v. Perfetto. That case has now been decided. 355 U.S. 115, 78 S.Ct. 180, 2 L.Ed. 2d 140..

In the present case the evidence showed that the appellant at various times between 1929 and 1949 was known as a “functionary” and an “organizer” in the Communist Party, that he was a member of the Party’s Michigan District Committee and District Bureau, that he was a delegate to national and Michigan conventions of the Party in 1934, and that he was a candidate for public office in Michigan on the Communist Party ballot. There was thus a substantial basis for finding that he committed himself to the Communist Party in consciousness that he was “joining an organization known as the Communist Party which operates as a distinct and active political organization * * *.” Galvan v. Press, 1954, 347 U.S. 522, 528, 74 S.Ct. 737, 741, 98 L.Ed. 911; Ro-woldt v. Perfetto, supra.

The petition for rehearing and stay of mandate is denied.

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Bluebook (online)

253 F.2d 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fred-williams-v-john-f-mulcahey-district-director-of-immigration-and-ca6-1958.

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