EDWARD P. MURPHY, District Judge.
This is a motion for summary judgment in a declaratory judgment action by plaintiff, an alien seaman, that he is entitled to the benefits of the Refugee Relief Act of 1953, 50 U.S.C.A.Appendix, § 1971d. The issue is whether the plaintiff was "physically present in the United States" on August 7, 1953, the date provided in the statute. 50 U.S.C.A.Appendix, § 1971d.
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