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SPINELLA v. ESPERDY

188 F.Supp. 535 (1960)

Michael SPINELLA, Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service, Defendant.

United States District Court S. D. New York.

October 11, 1960.

Attorney(s) appearing for the Case

Leon Rosen, New York City, for plaintiff.

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

LEVET, District Judge.

The defendant has moved for summary judgment.

In his complaint, the plaintiff states:

"First: That this is an action for a Declaratory Judgment under the Declaratory Judgment Act (28 U. S.C. § 2201), for review under the Administrative Procedure Act (5 U.S.C. § 1009) and for a permanent injunction. It arises under the Immigration and Nationality Act of 1952, particularly Section 249 (8 U. S.C. § 1259) and under...

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