No. 69 Civ. 4040. September 23, 1969. Robert M. Morgenthau, U.S. Atty. for the Southern District of New York for the United States; William M. Tendy, Asst. U.S. Atty., Daniel Riesel, Sp. Asst. U.S. Atty., of counsel. David M. Markowitz, New York City, for petitioners. FRANKEL, District Judge. The petitioners for habeas corpus are in prison under warrants by the Immigration and Naturalization Service pending deportation proceedings which must inevitably be delayed for some months from now. They complain

(Filed 14 December, 1938.) 1. Fraud § 1 — Definition of actionable fraud. The elements of actionable fraud are a definite and specific representation which is materially false, made with knowledge of its falsity or in culpable ignorance of its truth, and with intent that it should be relied on, and which is reasonably relied on by the other party to his deception and damage. 2. Same — The remedies for actionable fraud apply to contracts and sales of both real and personal property. 3. Fraud § 11: