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COSTA v. ROGERS

No. 296, Docket 25451.

267 F.2d 921 (1959)

Leonard COSTA, Plaintiff-Appellant, v. William P. ROGERS, United States Attorney General, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 16, 1959.

Attorney(s) appearing for the Case

Blanch Freedman, New York City (Alex J. Gossin, Rochester, N. Y. and David M. Freedman, New York City, on the brief), for plaintiff-appellant.

Robert J. Plache, Asst. U. S. Atty., Western District of New York, Buffalo, N. Y. (John O. Henderson, U. S. Atty., Western District of New York, Buffalo, N. Y., on the brief), for defendant-appellee.

Before SWAN, HINCKS and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff brought this suit pursuant to section 360(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1503(a) for a declaratory judgment (1) declaring him to be a national of the United States (28 U.S.C.A. § 2201) and (2) declaring an order for a warrant of deportation to be null and void. From a judgment dismissing the complaint on the merits and sustaining the deportation warrant plaintiff appeals.

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