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HAITIAN REFUGEE CENTER, INC. v. BAKER

No. 91-6060.

949 F.2d 1109 (1991)

HAITIAN REFUGEE CENTER, INC., et al., Plaintiffs-Appellees, v. James BAKER, III, Secretary of State, Robert Kramek, Rear Admiral, Kime, Admiral, Commandant, United States Coast Guard, Gene McNary, Commissioner, Immigration and Naturalization Service, United States Department of Justice, Immigration and Naturalization Service, United States of America, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 17, 1991.

Attorney(s) appearing for the Case

John F. Daly, Michael Jay Singer, Edward T. Swaine, Kenneth W. Starr, Washington, D.C., for defendants-appellants.

Ira Kurzban, Kurzban, Kurzban & Weinger, Miami, Fla., for plaintiffs-appellees.

Before TJOFLAT, Chief Judge, HATCHETT and COX, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 28, 1992.

PER CURIAM:

On December 3, 1991, the district court issued a preliminary injunction prohibiting the defendants, James Baker, III, and others from forcefully repatriating Haitians in their custody. The defendants appeal. The appeal has been expedited and is now ripe for decision on the merits.

The district court's order granting the preliminary injunction was grounded on a finding that there was...

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