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YUEN KAM CHUEN v. ESPERDY

No. 67 Civ. 4499.

279 F.Supp. 151 (1968)

YUEN KAM CHUEN and Ng Sui Sang, Plaintiffs, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

January 29, 1968.

Attorney(s) appearing for the Case

Lebenkoff & Coven, New York City, for plaintiffs; Jules E. Coven, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendant; Daniel Riesel and Francis J. Lyons, Sp. Asst. U. S. Attys., Southern District of New York, of counsel.

METZNER, District Judge.

The District Director of the Immigration and Naturalization Service seeks summary judgment in this action for a declaratory judgment brought by two alien crewmen.

It is undisputed that both plaintiffs are natives and citizens of China who last resided in Hong Kong. Both carried Hong Kong seamen's identity books. Both boarded foreign vessels as crewmen —one in England, the other in Japan. When the vessels arrived here, plaintiffs...

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