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NATION v. ESPERDY

239 F.Supp. 531 (1965)

Luneta NATION, Plaintiff, v. P. A. ESPERDY, District Director, Immigration & Naturalization Service, United States Department of Justice, Defendant.

United States District Court S. D. New York.

March 19, 1965.

Attorney(s) appearing for the Case

Edith Lowenstein, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, attorney for defendant; Roy Babitt and James G. Greilsheimer, New York City, of counsel.

FEINBERG, District Judge.

Plaintiff, a naturalized citizen of the United States, seeks a declaratory judgment that defendant District Director of the Immigration & Naturalization Service erred in denying her petition to classify Delroy Anthony Nation ("beneficiary"), her husband's illegitimate son, as a nonquota immigrant. The question is whether, within the meaning of section 101(b)(1)(B) of the Immigration and Nationality Act, 66 Stat. 166 (1952), as amended...

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