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ORLASSINO v. DULLES

Civ. 14415.

136 F.Supp. 255 (1955)

Alessandro ORLASSINO, Plaintiff, v. John Foster DULLES, United States Secretary of State, Defendant.

United States District Court E. D. New York.

November 29, 1955.

Attorney(s) appearing for the Case

Fleischmann, Stokes & Hitchcock, New York City, Ethan A. Hitchcock, New York City, of counsel, for plaintiff.

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., of counsel, for defendant.

RAYFIEL, District Judge.

This action was brought under the Immigration and Nationality Act, 8 U.S. C.A. § 1503(a), and the Declaratory Judgments Act, 28 U.S.C. § 2201. The defendant moved, under Rule 4(d) (5) and Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the amended complaint herein.

The facts, briefly, are as follows: The plaintiff was born in the United States on November 1, 1905. He was taken to Italy in 1921...

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