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NUKK v. SHAUGHNESSY

125 F.Supp. 498 (1954)

Michael NUKK, Frank Borich, Joseph Siminoff, Felix Kusman, Rose Lightcap, Ida Gottesman, Anna Taffler, Benny Saltzman, Bessie Geiser, Martin Young, Boris Sklar, Plaintiffs, v. Edward J. SHAUGHNESSY, District Director of the Third District of the Immigration and Naturalization Service of the Port of New York, Defendant. Betty GANNET, Alexander Bittleman, Claudia Jones, Plaintiffs, v. Edward J. SHAUGHNESSY, District Director of the Third District of the Immigration and Naturalization Service of the Port of New York, Defendant.

United States District Court S. D. New York.

October 11, 1954.

Attorney(s) appearing for the Case

Blanch Freedman, Gloria Agrin, New York City, for plaintiffs.

J. Edward Lumbard, U. S. Atty., New York City, for defendant; Harold R. Tyler, Jr., Harold J. Raby, Asst. U. S. Attys., and Lester Friedman, Atty., Immigration and Naturalization Service, New York City, of counsel.

Before MEDINA, Circuit Judge, and McGOHEY and WEINFELD, District Judges.

MEDINA, Circuit Judge.

The pleadings and issues in the fourteen actions before us are substantially the same. Each of the plaintiffs is an alien who has been ordered deported from the United States after appropriate administrative proceedings which none has sought to review by any judicial proceeding. The order of deportation in each case was based on an administrative finding that, after entering the United States, the plaintiff had been a member of the Communist...

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