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GONG POY v. SAHLI

No. 54 C 1712.

125 F.Supp. 740 (1954)

GONG POY, Plaintiff, v. Walter A. SAHLI, District Director, Chicago Office, Immigration and Naturalization Service, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

November 26, 1954.

Attorney(s) appearing for the Case

William Greenhouse, Chicago, Ill., appeared on behalf of the plaintiff.

Robert Tieken, U. S. Dist. Atty., by Leon A. Kupeck, Chicago, Ill., appeared on behalf of the government.

John McWhorter, Chicago, Ill., appeared on behalf of the Immigration and Naturalization Service, defendant.

CAMPBELL, District Judge.

The first, and perhaps determinative issue here cuts at a problem which arises time and again in the federal courts: Is a superior government officer, whose principal office is in the Capitol, an indispensable party to a suit for specific equitable relief brought against a subordinate officer whose office is within this district? A general answer to the problem was supplied by the Supreme Court in Williams v. Fanning, 1947,

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