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HAITIAN REFUGEE CENTER v. SMITH

No. 80-5683.

676 F.2d 1023 (1982)

HAITIAN REFUGEE CENTER, an unincorporated, not-for-profit organization; Solomon Jocelyn; Prosper Bayard; Theodore Cadet; Emile Beliard; Odlilus Jean; Alteon Jean Bellias; Indique Dormeus; Augustin Sennecharles, Plaintiffs-Appellees, v. William French SMITH, Attorney General of the United States; Alexander M. Haig, Jr., Secretary of State; David Crosland, Acting Commissioner of Immigration and Naturalization Service; Raymond Morris, District Director, Immigration and Naturalization Service, District Office Number 6, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

May 24, 1982.

Attorney(s) appearing for the Case

Atlee W. Wampler, III, U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., Daniel E. Fromstein, Atty., U. S. Dept. of Justice, Crim. Div., Washington, D. C., for defendants-appellants.

Peter Schey, Los Angeles, Cal., Gary Lee Caldwell, Florida Rural Legal Services, Inc., W. Palm Beach, Fla., Ira J. Kurzban, Miami, Fla., Dale Swartz, Washington, D. C., for plaintiffs-appellees.

Before HILL and VANCE, Circuit Judges, and LYNNE, District Judge.

JAMES C. HILL, Circuit Judge:

On May 9, 1979, eight black Haitian nationals and the Haitian Refugee Center (HRC), an unincorporated association seeking to assist Haitians in this country, filed a class action in federal district court on behalf of over 4,000 Haitians in the south Florida area who had sought political asylum in the United States.1 Named as defendants were the Attorney General, the Secretary of State, the Commissioner of...

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