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DIMINICH v. ESPERDY

No. 90, Docket 27086.

299 F.2d 244 (1961)

Graziano DIMINICH, Plaintiff-Appellant, v. P. A. ESPERDY, as District Director of the Immigration & Naturalization Service, New York District, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 29, 1961.

Certiorari Denied April 9, 1962.

Attorney(s) appearing for the Case

Alfred Feingold, New York City, for plaintiff-appellant.

Roy Babitt, Special Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City), for defendant-appellee.

Before CLARK, FRIENDLY and KAUFMAN, Circuit Judges.

Certiorari Denied April 9, 1962. See 82 S.Ct. 875.

FRIENDLY, Circuit Judge.

Diminich, a Yugoslav seaman who entered the United States illegally, appeals from an order of Judge MacMahon in the District Court for the Southern District of New York, which granted a motion for summary judgment by the District Director of the Immigration and Naturalization Service in an action to annul an order refusing to withhold deportation. The order resulted from an

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