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INTERNATIONAL FIDELITY INS. CO. v. CROSLAND

80 Civ. 6338 (GLG).

516 F.Supp. 1249 (1981)

INTERNATIONAL FIDELITY INSURANCE COMPANY, Plaintiff, v. David CROSLAND, as Acting Commissioner of the Immigration and Naturalization Service and John J. Gaffney, as Acting District Director of the New York District of the Immigration and Naturalization Service, Defendants.

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

June 26, 1981.

Attorney(s) appearing for the Case

Barst & Mukamal, New York City, for plaintiff; Nicholas Paul Altomerianos, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for defendants; Michael D. Patrick, Sp. Asst. U. S. Atty., New York City, of counsel.

OPINION

GOETTEL, District Judge:

Plaintiff International Fidelity Insurance Company ("International"), an obligor of a $3000 immigrant delivery bond, posted pursuant to section 242(a) of the Immigration and Nationality Act, 8 U.S.C. § 1252(a), has brought this action seeking review of the defendants' determination that the bond has been breached, and for an order canceling the bond. Having agreed that there are no genuine issues of fact to be tried...

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