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SOVICH v. ESPERDY

206 F.Supp. 558 (1962)

Stefano SOVICH, Plaintiff, v. P. A. ESPERDY, as District Director of Immigration and Naturalization Service, New York District, Defendant.

United States District Court S. D. New York.

July 13, 1962.

Attorney(s) appearing for the Case

Major & Sintich, New York City (Anton G. Sintich, New York City, of counsel), for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the S. D. of New York, New York City (Roy Babitt, Special Asst. U. S. Atty., of counsel), for defendant.

WEINFELD, District Judge.

The plaintiff brings this action for an order declaring arbitrary and capricious the Attorney General's refusal to stay his deportation to Yugoslavia on the claim of physical persecution pursuant to section 243(h) of the Immigration and Nationality Act.1

The defendant moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. upon the ground that there are no genuine...

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