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COUTO v. SHAUGHNESSY

123 F.Supp. 926 (1954)

In the Matter of the Petition for Review of Jose Marques COUTO, Petitioner, v. Edward J. SHAUGHNESSY, as District Director of Immigration and Naturalization for the District of New York, Respondent.

United States District Court S. D. New York.

September 3, 1954.

Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City, for petitioner, Aaron L. Danzig, New York City, of counsel.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City, for respondent, Harold J., Raby, Harold R. Tyler, Jr., Asst. U. S. Atty., New York City, Lester Friedman, Atty., Immigration and Naturalization Service, New York City, of counsel.

DAWSON, District Judge.

This is a motion by petitioner for a temporary injunction to restrain his deportation, pending a determination by this Court of a petition to review the deportation proceedings.1 Respondent cross-moves for summary judgment.

It appears from the papers submitted on the motion that the following material facts exist without substantial controversy:

1. Petitioner is an alien, a native and citizen of...

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