LOUIS CHEN SUN v. BROWNELL

Civ. A. No. 14868.

127 F.Supp. 684 (1955)

LOUIS CHEN SUN, Plaintiff, v. Herbert BROWNELL, Jr., Attorney General of the United States and Edward J. Shaughnessy, District Director of Immigration and Naturalization Service, New York, Defendants.

United States District Court, E. D. New York.

January 14, 1955.


Attorney(s) appearing for the Case

Sidney Rogers Lubin, New York City, for plaintiff.

Leonard P. Moore, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., by Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., for defendants.


BYERS, District Judge.

There are two motions here involved:

(a) Plaintiff seeks an order to restrain Shaughnessy, District Director of Immigration, from serving a warrant of arrest upon the plaintiff and from questioning him in a deportation proceeding, pending the decision of this case, in which a declaratory judgment is sought.

(b) Defendants seek summary judgment under Rule 12(b) (6) of the F.R. C.P., 28 U.S.C.A.

The defendants' motion will...

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