Fassilis v. Esperdy

DAWSON, District Judge.

This is a motion, in behalf of the defendant, for summary judgment under Rule 56 of the Rules of Civil Procedure, 28 U.S.C., on the ground that there is no genuine issue as to any material fact. Defendant also moves, under Rule 30(b) of the Rules of Civil Procedure, to vacate the plaintiff’s notice to take the deposition of the defendant.

This action was commenced on October 24, 1960, under Section 10 of the Administrative Procedure Act (5 U.S.C.A. § 1009) and Section 279 of the Immigration and Nationality Act (8 U.S.C.A. § 1329), to review the decision of the Attorney…