Arbolino v. Shaughnessy, District Director Sessa v. Shaughnessy, District Director

204 F.2d 684

• Court: Court of Appeals for the Second Circuit
• Decided: February 13, 1953
• Docket: 684_1
• Status: Published

Opinion

PER CURIAM.

Since the defendants have no duty but to direct the plaintiff to report in Texas, and that is merely a transmission of the order of the Commissioner of Immigration and Naturalization in Washington, the action is within the decisions of the Supreme Court in Blackmar v. Guerre, 342 U.S. 512 [72 S.Ct. 410, 96 L.Ed. 534] and of this court in Reeber v. Rossel, 2 Cir., 200 F.2d 334. In Williams v. Fanning, 332 U.S. 490 [68 S.Ct. 188, 92 L.Ed. 95], the Postmaster was himself stopping the receipt of the magazine; an injunction against that was complete relief.

Motion denied.