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KOKKOSIS v. ESPERDY

191 F.Supp. 765 (1961)

Gerasimos KOKKOSIS, Plaintiff, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service, Defendant.

United States District Court S. D. New York.

February 25, 1961.

Attorney(s) appearing for the Case

Abraham Lebenkoff, New York City, for plaintiff.

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

DAWSON, District Judge.

Plaintiff has moved, pursuant to an order to show cause, for a stay of deportation. The defendant has cross-moved for summary judgment on the plaintiff's original complaint.

This Court has jurisdiction of this action under 5 U.S.C.A. § 1009 (Administrative Procedure Act), 28 U.S.C. § 2201 (Declaratory Judgment) and 8 U.S.C.A. § 1329 (Immigration and Nationality Act).

There is no dispute as to any material issue...

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