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WEN CHEUK v. ESPERDY

178 F.Supp. 787 (1959)

WEN CHEUK (File No. A10 256 513), Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the District of New York, Defendant. YUNG YEE HO (File No. A10 294 129), Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the District of New York, Defendant. YIP LU (File No. A10 247 715), Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the District of New York, Defendant. WONG CHONG (File No. A9 707 424), Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

November 23, 1959.

Attorney(s) appearing for the Case

Saul Bernstein, New York City, for plaintiffs Wen Cheuk, Yung Yee Ho and Yip Lu.

Edward Hong, New York City, for plaintiff Wong Chong.

S. Hazard Gillespie, Jr., U. S. Atty., for the Southern District of New York, New York City, for the United States Roy Babitt, Special Asst. U. S. Atty., New York City, of counsel.

LEVET, District Judge.

The issues in these four cases are identical and they are considered together. The defendant has moved for an order pursuant to Rule 12(b) (6) and (7) of the Federal Rules of Civil Procedure, 28 U.S.C.A., dismissing the identical complaints of the plaintiffs on the grounds that they fail to state a claim upon which relief can be granted and that there has been a failure by plaintiffs to join an indispensable...

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