FRED WILLIAMS, APPELLANT,
v.
JOHN F. MULCAHEY, DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT DETROIT, MICHIGAN, APPELLEE

6th Cir. | 1957-12-17
No. 13119
253 F.2d 709 United States Court of Appeals for the Sixth Circuit (1957) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

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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