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ZUPICICH v. ESPERDY

207 F.Supp. 574 (1962)

Attillio ZUPICICH, Plaintiff, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

July 11, 1962.

Attorney(s) appearing for the Case

Robert J. Carluccio, Hoboken, N. J., for plaintiff.

Robert M. Morgenthau, U. S. Atty., S. D. N. Y., by Herbert P. Rickman, New York City, for defendant.

EDELSTEIN, District Judge.

The plaintiff, a Yugoslav seaman, seeks judicial review of the Attorney General's order denying his application for withholding of deportation under § 243(h) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1253(h).1 The defendant has moved for summary judgment upon the ground that there is no genuine issue as to any material fact, and that he is entitled to judgment as a matter of law....

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