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UNITED STATES FOR USE OF GARCIA v. McANINCH

Nos. 76C1600, 77C166.

435 F.Supp. 240 (1977)

UNITED STATES of America for the Use of Adelaida GARCIA, Plaintiff, v. Vernon McANINCH, Consul General of the United States at Santo Domingo, Dominican Republic, et al., Defendants. UNITED STATES of America for the Use of Jesus ORTIZ, Plaintiff, v. Paul M. MILLER, Consul of the United States at Santo Domingo, Dominican Republic, et al., Defendants.

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

July 29, 1977.

Attorney(s) appearing for the Case

Antonio C. Martinez, New York City, for plaintiffs.

David G. Trager, U. S. Atty., E. D. N. Y., by Elaine C. Buck, Asst. U. S. Atty., Brooklyn, N. Y., for defendants.

PLATT, District Judge.

The plaintiffs in the above actions seek damages under 22 U.S.C. § 1199 for harm they allegedly suffered because of the defendants' failure to issue visas to a fiance and a spouse. The defendants move to dismiss on the grounds that this Court lacks jurisdiction over the subject matter, the plaintiffs lack standing to sue, the plaintiffs have failed to join an indispensable party, there is no...

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