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BABOURIS v. ESPERDY

No. 267, Docket 25472.

269 F.2d 621 (1959)

Charles BABOURIS, Plaintiff-Appellant, v. P. A. ESPERDY, District Director of Immigration and Naturalization for the District of New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 18, 1959.

Attorney(s) appearing for the Case

Samuel Weinreb, Far Rockaway, Queens, N. Y., for plaintiff-appellant.

Charles J. Hartenstine, Jr., Sp. Asst. U. S. Atty., New York City (Arthur H. Christy, U. S. Atty., Southern District of New York, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and SWAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Plaintiff appeals from an order granting appellee's motion for summary judgment and denying appellant's motion to enjoin his deportation pending the outcome of his suit for judgment declaring him not deportable.

Appellant, a native and national of Greece, last entered the United States on October 15, 1920. On two occasions subsequent to entry he has been convicted of disorderly conduct in violation of section 722, subd. 8 of...

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