BURRAFATO v. UNITED STATES DEPARTMENT OF STATE

No. 981, Docket 75-7081.

523 F.2d 554 (1975)

Vincenzo BURRAFATO and Antonina Burrafato, Appellants, v. UNITED STATES DEPARTMENT OF STATE and United States Immigration & Naturalization Service, Appellees.

United States Court of Appeals, Second Circuit.

Decided August 13, 1975.

Stay Denied November 3, 1975.

Certiorari Denied February 23, 1976.


Attorney(s) appearing for the Case

Joseph P. Marro, New York City (Martin L. Rothstein, and Fried, Fragomen & Del Ray, New York City, on the brief), for appellants.

Peter A. Goldman, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty., and Paul B. Bergman, Asst. U. S. Atty., Brooklyn, N. Y., on the brief), for appellees.

Before FEINBERG, TIMBERS and VAN GRAAFEILAND, Circuit Judges.


Stay Denied November 3, 1975. See 96 S.Ct. 259.

Certiorari Denied February 23, 1976. See 96 S.Ct. 1105.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Eastern District of New York on January 22, 1975, Walter Bruchhausen, District Judge, granting defendants' motion pursuant to Fed.R.Civ.P. 12(b)(1) to dismiss the complaint which sought declaratory and injunctive relief, the essential issue is whether the district court...

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