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KLAPHOLZ v. ESPERDY

201 F.Supp. 294 (1961)

Samuel KLAPHOLZ (File No. A6 723 213), 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.

December 30, 1961.

Attorney(s) appearing for the Case

Jackson G. Cook, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, for defendant (Roy Babitt, Sp. Asst. U. S. Atty., New York City, of counsel).

THOMAS F. MURPHY, District Judge.

In this alien's action for a declaratory judgment that he be admitted to the United States as a non-quota immigrant the government, before answer, moves for summary judgment. The principal facts are not in dispute.

Plaintiff, allegedly a native and citizen of Germany and possessed of a valid immigration visa, applied for admission to the United States upon his arrival at New York...

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