Legal Opinion
United States for Use of Garcia v. McAninch
District Court, E.D. New York
Decided July 29, 1977No. 76C1600, 77C166PublishedCited by 6 opinions
1Opinion of the Court
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 jurisdiction over the defendants, the actions are barred by sovereign immunity and venue is improper in the Eastern District of New York.
FACTS
In May of 1976 Adelaida Garcia, a United…
2Cases cited15 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Kleindienst v. MandelSupreme Court of the United States · 1972
- Fed. Sec. L. Rep. P 94,557 Irving Mariash v. Charles Morrill and Bernard Berwick, and David R. PokrossCourt of Appeals for the Second Circuit · 1974
- Vincenzo Burrafato and Antonina Burrafato v. United States Department of State and United States Immigration& Naturalization ServiceCourt of Appeals for the Second Circuit · 1975
- American Surety Co. v. SullivanCourt of Appeals for the Second Circuit · 1925
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3Cited by6 opinions
- Shui King Tam Wong, Gong Yuen Wong, Wing Sun Wong v. Griffin B. Bell, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 1981
- Lamont v. HaigCourt of Appeals for the D.C. Circuit · 1978
- Lamont v. HaigCourt of Appeals for the D.C. Circuit · 1978
- Beasley v. Kelco Foods, Inc. (In Re Trim-Lean Meat Products, Inc.)District Court, D. Delaware · 1981
- United States v. UnderwoodCourt of Appeals for the First Circuit · 1978
1 more not listed; retrieve them via the Exa API.