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CAPOLINO v. KELLY

236 F.Supp. 955 (1964)

Joseph P. CAPOLINO, Plaintiff, v. Joseph P. KELLY, Collector of Customs, Defendant.

United States District Court S. D. New York.

May 26, 1964.

Attorney(s) appearing for the Case

Caponi & Perchik, New York City, for plaintiff; Simon Perchik, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, for the United States; Patricia A. Garfinkel, Asst. U. S. Atty., of counsel.

WYATT, District Judge.

This is a motion by defendant for summary judgment in his favor (Fed.R.Civ. P. 56(b)) and for an order dismissing the action for failure to state a claim upon which relief can be granted (Fed. R.Civ.P. 12(b) (6)).

The action is for a declaratory judgment that the removal by defendant of plaintiff from the Customs Service is "a nullity", that plaintiff be reinstated in the Customs Service, that judgment be entered in his favor for his...

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