Legal Opinion

Siminoff v. Esperdy

Court of Appeals for the Second Circuit

Decided June 18, 1959No. 283, Docket 25367PublishedCited by 3 opinions

1Opinion of the Court

CLARK, Chief Judge.

This is an appeal from a decision of Judge Dawson, Siminoff v. Murff, D.C.S.D.N.Y., 164 F.Supp. 34, granting summary judgment dismissing plaintiffs’ complaint. There is no dispute as to the material facts. Plaintiffs are aliens who have lived in this country for many years (20 to 53 in fact). They have been ordered deported because of membership in the Communist Party of the United States; these orders were entered as long ago as November 1951. Due apparently to exigencies of the cold war which are not likely to vanish overnight, the Immigration and Naturalization Service…

2Cases cited15 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Maggio v. ZeitzSupreme Court of the United States · 1948
  3. Stratton v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1930
  4. United States v. WitkovichSupreme Court of the United States · 1957
  5. United States v. SpectorSupreme Court of the United States · 1952

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3Cited by3 opinions

  1. Herald Company v. HarperDistrict Court, E.D. Missouri · 1968
  2. Dymytryshyn v. EsperdyDistrict Court, S.D. New York · 1968
  3. Siminoff v. EsperdyCourt of Appeals for the Second Circuit · 1959

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