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FERRAIOLA v. MURFF

157 F.Supp. 611 (1958)

Pietro FERRAIOLA, Plaintiff, v. John L. MURFF, as District Director for the New York District, Immigration and Naturalization Service, United States Department of Justice, Defendant.

United States District Court S. D. New York.

January 15, 1958.

Attorney(s) appearing for the Case

Gerard E. Molony, Brooklyn, N. Y., for plaintiff.

Paul W. Williams, U. S. Atty., Southern Dist. of New York, New York City, for defendant.

EDELSTEIN, District Judge.

In an action under § 10 of the Administrative Procedure Act, 5 U.S.C. § 1009, 5 U.S.C.A. § 1009, plaintiff seeks to enjoin the defendant from executing an order and warrant for his deportation, and further prays that a judgment be made declaring an outstanding order and warrant for his deportation null and void. He moved for a preliminary injunction, and the defendant cross-moved for summary judgment. To the latter motion...

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