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SUNJKA v. ESPERDY

182 F.Supp. 599 (1960)

Stipe SUNJKA, Plaintiff, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant. Kuzman RONCEVICH, Plaintiff, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant. Josip MATURA, Plaintiff, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

March 28, 1960.

Attorney(s) appearing for the Case

Phillip Strauss, New York City, for plaintiffs.

S. Hazard Gillespie, Jr., U. S. Atty., S. D. New York, for Immigration and Naturalization Service, Roy Babitt, Jr., Spec. Asst. U. S. Atty., of counsel.

PALMIERI, District Judge.

The plaintiffs in these actions seek judgments declaring that they were improperly denied the relief specified in section 243(h) of the Immigration and Nationality Act of 1952, 66 Stat. 212, 8 U.S.C.A. § 1253(h).1 The defendant has brought these motions for summary judgment dismissing the complaints. It is conceded that the plaintiffs are deportable aliens and that the facts in all three cases are substantially...

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