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LUM CHONG v. ESPERDY

191 F.Supp. 935 (1961)

LUM CHONG, Plaintiff, v. P. A. ESPERDY, 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.

February 28, 1961.

Attorney(s) appearing for the Case

Andrew Reiner, New York City, for plaintiff.

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

DIMOCK, District Judge.

This is a motion by the District Director of Immigration for summary judgment. The action is one for a declaratory judgment that the Attorney General's denial of plaintiff's application to have created a record of lawful admission to this country for permanent residence under section 249 of the Immigration and Nationality Act, 8 U.S.C. § 1259, was erroneous as a matter of law. Review of the administrative decision is sought pursuant to...

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