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LUM WAN v. ESPERDY

No. 316, Docket 27829.

321 F.2d 123 (1963)

LUM WAN, Plaintiff-Appellant, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service, New York District, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 5, 1963.

Attorney(s) appearing for the Case

Benjamin Gim, New York City, for appellant.

Roy Babitt, Special Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, on the brief), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Plaintiff, Lum Wan, born in China in 1894, who became a naturalized citizen of Canada in 1958, appeals from a decision of the district court, denying his motion for summary judgment and granting a similar motion by defendant.

Plaintiff left China in 1918 and entered Canada as a student. He lived in Canada (Toronto) for five years. In 1922 he was smuggled into this country (Detroit) via a freight train. He returned to Canada...

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