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FLOWER FURNITURE MANUFACTURING CORP. v. ESPERDY

229 F.Supp. 182 (1962)

FLOWER FURNITURE MANUFACTURING CORP., Plaintiff, v. P. A. ESPERDY, District Director of Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

As Amended October 10, 1962.

Attorney(s) appearing for the Case

Roy Babitt, Special Asst. U. S. Atty., New York City, for defendant.

Harry D'Antonio, Brooklyn, N. Y., for plaintiff.

COOPER, District Judge:

In this declaratory judgment action (28 U.S.C.A. § 2201, 5 U.S.C.A. § 1009), plaintiff seeks judicial review of an administrative determination denying its petition to accord one Francesco Colangelo first preference quota status as an immigrant within the provisions of § 203(a) (1) of the Immigration and Nationality Act, 8 U.S.C.A. § 1153(a) (1).

Plaintiff alleges that the District Director "capriciously and arbitrarily...

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