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GRUBISICH v. ESPERDY

175 F.Supp. 445 (1959)

Nate GRUBISICH, Plaintiff, v. P. A. ESPERDY, District Director of the Third District of the Immigration and Naturalization Service of the Port of New York, Defendant.

United States District Court S. D. New York.

July 10, 1959.

Attorney(s) appearing for the Case

Harry M. Justiz, New York City, for plaintiff.

S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, for defendant. Roy Babitt, Sp. Asst. U. S. Atty., New York City, of counsel.

DAWSON, District Judge.

This is a motion by plaintiff, brought on by an order to show cause containing a temporary restraining order, for an injunction pendente lite seeking to restrain the defendant from enforcing an order for plaintiff's deportation. Defendant has made a cross-motion for summary judgment dismissing the complaint under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

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