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FRAGA BY AND THROUGH FRAGA v. SMITH

Civ. No. 82-1148-BE.

607 F.Supp. 517 (1985)

Israel FRAGA and Patricia Fraga, By and Through their legal Guardian, and next Friend, Carmen FRAGA, Jose Fraga, and Dionisio Carrasco, By and Through his mother and next friend, Magdalena Carrasco, Maria Reyna and Joaquin Gutierrez, individually and on Behalf of all others similarly situated, Plaintiffs, v. William F. SMITH, Alan C. Nelson, and Robert Krueger, each in his official capacity as officers of the United States, Defendants.

United States District Court, D. Oregon.

April 19, 1985.

Attorney(s) appearing for the Case

D. Michael Dale, Oregon Legal Services Corp., Ontario, Or., Ira R. Zarov, Oregon Legal Services Corp., Portland, Or., Richard Ginsburg, Ginsburg, Gomez & Neal, Hillsboro, Or., for plaintiffs.

Charles H. Turner, U.S. Atty., Craig J. Casey, Asst. U.S. Atty., Portland, Or., for defendants.

OPINION

BELLONI, District Judge:

This case is currently before me on cross-motions for summary judgment. Upon review of the record, I find that the plaintiff class should be decertified as to some issues, but that partial summary judgment in favor of plaintiffs is appropriate on certain other issues.

Background

Plaintiffs brought this class action seeking declaratory and injunctive relief for delays in processing N-600 applications for...

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