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MANDEL v. MITCHELL

No. 70 C 344.

325 F.Supp. 620 (1971)

Ernest MANDEL, David Mermelstein, Wassily Leontief, Norman Birnbaum, Robert L. Heilbroner, Robert Paul Wolff, Louis Menashe, Noam Chomsky, and Richard A. Falk, Plaintiffs, v. John M. MITCHELL, Attorney General of the United States, William P. Rogers, Secretary of State, Defendants.

United States District Court, E. D. New York.

March 18, 1971.

Attorney(s) appearing for the Case

Leonard B. Boudin, New York City (Rabinowitz, Boudin & Standard and David Rosenberg, New York City, of counsel) for plaintiffs.

Lloyd H. Baker, Islip, N. Y. (Edward R. Neaher, U. S. Atty. of counsel) for defendants.

Before FEINBERG, Circuit Judge and BARTELS and DOOLING, District Judges.

DOOLING, District Judge.

The suit seeks a declaratory judgment that on its face and as applied Section 212(a) (28) and (d) (3) (A) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1182(a) (28) (d) (3) (A) is unconstitutional. Section 212(a) (28) of the Act declares ineligible for visas and excludes from admission to the United States aliens who are or at any time were members of described classes of aliens identified with certain leftist and extremist...

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