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HESS v. ESPERDY

234 F.Supp. 909 (1964)

Daniel L. HESS and Hisanori Morimoto, Plaintiffs, v. P. A. ESPERDY, District Director, Immigration & Naturalization Service, Department of Justice, Defendant.

United States District Court S. D. New York.

September 21, 1964.

Attorney(s) appearing for the Case

Seth H. Dubin, Washington, D. C., for plaintiffs.

Robert M. Morgenthau, U. S. Atty., by James G. Greilsheimer, Asst. U. S. Atty., for defendant.

TYLER, District Judge.

Plaintiffs bring this action under the Declaratory Judgment Act (28 U.S.C. § 2201) and Section 10 of the Administrative Procedure Act (5 U.S.C. § 1009) seeking review of defendant's denial of plaintiff Hess' petition to classify plaintiff Morimoto as a temporary worker under § 101(a) (15) (H) (ii) of the Immigration and Nationality Act of 1952 [8 U.S.C. § 1101(a) (15) (H) (ii)]. Defendant moves for summary judgment and dismissal...

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