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DOMBROVSKIS v. ESPERDY

185 F.Supp. 478 (1960)

Janis Osvald DOMBROVSKIS, Tomislav Dragoievich, Bozidar Dunich, Ernest Vilhelms Elerts, Nikolo Grancaric, Sime Grancaric Joso Grando, Mate Gregov, Krizan Ivanov, Slavko Jezina, Ljubo Komadina, Ivan Latkovic, Cesar Malesic, Sime R. Martinovich, Sime Matesic, Joso Patrk, Svetko Petric, Ante Spaleta, Pere Stojak, Giovanni Stroligo, Sime Telac, Joseph Zuzich, and Frank Pavlak, Plaintiffs v. P. A. ESPERDY, District Director, Immigration and Naturalization Service, United States Department of Justice, Defendant.

United States District Court S. D. New York.

June 29, 1960.

Attorney(s) appearing for the Case

Edith Lowenstein, New York City, for plaintiffs.

S. Hazard Gillespie, Jr., U. S. Atty., for S. D. New York, New York City, Roy Babitt, Sp. Asst. U. S. Atty., New York City, of counsel, for defendant.

DIMOCK, District Judge.

In this action for a declaratory judgment defendant moves under Rule 12(c) of the Federal Rules of Civil Procedure for dismissal of plaintiffs' claim, denominated the "First Cause of Action" and which I shall hereinafter refer to as the "first claim", on the grounds that (1) there is no longer an "actual controversy" between the parties with respect thereto as required by the Declaratory Judgments...

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