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MacDONNELL v. I.N.S.

No. 87 Civ. 2784 (KTD).

693 F.Supp. 1439 (1988)

Mark MacDONNELL, Bryan MacDonnell, and Jennifer MacDonnell, Plaintiffs, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant.

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

June 22, 1988.

Attorney(s) appearing for the Case

Peter Hirsch, New York City, for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for I.N.S.; Noel Anne Ferris, Sp. Asst. U.S. Atty., of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Defendant Immigration and Naturalization Service ("INS") moves for an order dismissing the complaint pursuant to Fed. R.Civ.P. 12(b)(1) and (6), and for sanctions pursuant to Fed.R.Civ.P. 11. Plaintiffs cross-move for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons discussed below, defendant's motion for dismissal is granted; defendant's motion for sanctions is denied; and plaintiffs...

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