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FAUSTINO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 68 Civ. 1559.

302 F.Supp. 212 (1969)

Susan M. FAUSTINO, Infant under 14 years of age, by her Guardian ad Litem Albano Vieira, Plaintiff, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant.

United States District Court S. D. New York.

June 17, 1969.

Attorney(s) appearing for the Case

Bertrand D. Gerber, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, by Daniel Riesel, Sp. Asst. U. S. Atty., New York City, for defendant.

CANNELLA, District Judge.

Motion by plaintiff pursuant to 28 U.S.C. §§ 2282 and 2284 to convene a three judge court, is denied. Motion by plaintiff pursuant to Rule 56, Federal Rules of Civil Procedure, for summary judgment granting injunctive relief, is denied. Motion by defendant pursuant to Rule 56, Federal Rules of Civil Procedure for summary judgment dismissing complaint, is granted.

The jurisdictional predicate is not enunciated by the plaintiff...

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