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SIMINOFF v. ESPERDY

No. 283, Docket 25367.

267 F.2d 705 (1959)

Joseph SIMINOFF, Ida Gottesman, Anna Taffler, Benny Saltzman, Felix Kusman, Rose Lightcap and Martin Young, Plaintiffs-Appellants, v. P. A. ESPERDY, District Director of the Third District of the Immigration and Naturalization Service at New York, New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 18, 1959.

Attorney(s) appearing for the Case

Blanch Freedman, New York City (Gloria Agrin and David M. Freedman, New York City, on the brief), for plaintiffs-appellants.

Roy Babitt, Sp. Asst. U. S. Atty., S. D. N. Y., New York City (Arthur H. Christy, U. S. Atty., New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and EDELSTEIN, District Judge.

CLARK, Chief Judge.

This is an appeal from a decision of Judge Dawson, Siminoff v. Murff, D.C. S.D.N.Y., 164 F.Supp. 34, granting summary judgment dismissing plaintiffs' complaint. There is no dispute as to the material facts. Plaintiffs are aliens who have lived in this country for many years (20 to 53 in fact). They have been ordered deported because of membership in the Communist Party of the United States; these orders were...

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