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GILROY v. FERRO

No. Civ-82-142C.

534 F.Supp. 326 (1982)

William GILROY, William O'Neill, James Kelly, Edward Howell, and Michael Weir, Petitioners, v. Benedict FERRO, District Director, Immigration & Naturalization Service, Respondent.

United States District Court, W. D. New York.

February 19, 1982.

Attorney(s) appearing for the Case

Dillon & Cataldi, Buffalo, N. Y. (Kevin M. Dillon, Buffalo, N. Y., of counsel), for petitioner Gilroy.

Diebold, Bermingham, Gorman, Brown & Bridge, Buffalo, N. Y. (Mark J. Mahoney, Buffalo, N. Y., of counsel), for petitioner O'Neill.

John J. Molloy, West Seneca, N. Y., for petitioner Kelly.

Walsh, Cleary & Hamsher, Buffalo, N. Y. (Thomas P. Cleary, Buffalo, N. Y., of counsel), for petitioner Howell.

Murphy & Lobban, Buffalo, N. Y. (Robert M. Murphy, Buffalo, N. Y., of counsel), for petitioner Weir.

Roger P. Williams, U. S. Atty., Buffalo, N. Y. (Jack S. Penca, Asst. U. S. Atty., Buffalo, N. Y., of counsel), and Dept. of Immigration and Naturalization Service (James W. Grable, Buffalo, N. Y., of counsel), for respondent.

CURTIN, Chief Judge.

On February 18, 1982, the same day Mr. Ellis was excluded, the court inquired whether the same treatment could be given the remaining individuals. The attorney for respondents told the court he could not speculate on this point and would only say that the INS would not be in a position to begin the hearings today, Friday, February 19, 1982, as previously scheduled. This was strongly emphasized during the proceeding in open court and during an...

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