HUYNH THI ANH v. LEVI

Civ. No. 76-71086.

427 F.Supp. 1281 (1977)

HUYNH THI ANH et al., Plaintiffs, v. Edward LEVI, Individually and as Attorney General of the United States, et al., Defendants.

United States District Court, E. D. Michigan, S. D.

February 15, 1977.


Attorney(s) appearing for the Case

Martin Guggenheim, Melvin L. Wulf, Juvenile Rights Project, ACLU Foundation, Burt Neuborne, New York University School of Law, New York City, Henry Baskin, Michigan Civil Liberties Union, Southfield, Mich., Harold Koenigsberg, Michigan Civil Liberties Union, Birmingham, Mich., for Huynh Thi Anh, Dao Thanh Linh, Dao Thanh Dong, Dao Thanh Hein, Dao Thanh Tam and Dao Thanh Duc.

Lawrence W. Chamblee, Dept. of Justice, Government Regulations and Labor Section, Crim. Div., Washington, D. C., United States Atty's Office, Civ. Div., Detroit, Mich., for Edward Levi, Atty. Gen. of United States, Leonard Chapman, Commissioner, Immigration & Naturalization, A. J. Salturelli, Dist. Dir. Immigration & Naturalization.

Robert N. Rosenberg, Asst. Atty. Gen., Lansing, Mich., for Michigan Dept. of Social Services, John T. Dempsey, Director, Mich. Dept. of Social Services, David L. Froh, Executive Director, Mich. Dept. of Social Services, Michael J. Hall, employee, Michigan Dept. of Social Services.

Donald E. Shelton, Forsythe, Campbell, Vandenberg, Clevenger & Bishop, P. C., Ann Arbor, Mich., for Dennis and Margaret Arvidson and Jay and Beth Donaldson.

William G. Paulus, Salem, Or., for Sister Adele Mansfield.

Eliot G. Striar, Asst. Corp. Counsel for Washtenaw County, Ann Arbor, Mich., for Washtenaw County Probate Court, Francis L. O'Brien and Rodney E. Hutchinson, Judges of Probate.

Jack C. Hays, Asst. Civ. Counsel, Pontiac, Mich., for Oakland County Probate Court, Donald E. Adams, Norman R. Barnard, Eugene Arthur Moore, John J. O'Brien, Judges of Probate.

Dorothy L. Cottrell, Director, Oakland County Legal Aid Society, Pontiac, Mich., for guardian ad litem.


MEMORANDUM OPINION

CHURCHILL, District Judge.

The several defendants have moved to dismiss the plaintiffs' complaint. This opinion deals only with the Court's jurisdiction with respect to custodial issues. Counsel will be given the opportunity to make additional arguments with respect to the Court's jurisdiction to entertain actions for damages.

For the purposes of the motions under consideration, the well-pleaded facts of the complaint are deemed...

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