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MAGGIORE BAKERY, INC. v. ESPERDY

238 F.Supp. 374 (1964)

MAGGIORE BAKERY, INC., and Giacomo Baiardi, Plaintiffs, v. P. A. ESPERDY, District Director, Immigration & Naturalization Service, United States Department of Justice, Defendant.

United States District Court S. D. New York.

October 23, 1964.

Attorney(s) appearing for the Case

Leon Rosen, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., S. D. New York, for defendant; James G. Greilsheimer, Special Asst. U. S. Atty., of counsel.

LEVET, District Judge.

This is an action for declaratory judgment brought pursuant to 28 U.S.C.A. § 2201 and for review under Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009. Plaintiffs petition this court to cancel as invalid the denial of the visa petition and further seek to have this court direct the defendant to grant a full hearing on the petition. The District Director of Immigration and Naturalization opposes the declaratory judgment...

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