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STRUPP v. DULLES

163 F.Supp. 790 (1957)

Julius STRUPP, Plaintiff, v. Honorable John Foster DULLES, Secretary of State, Defendant.

United States District Court S. D. New York.

August 9, 1957.

Attorney(s) appearing for the Case

Regosin & Edwards, New York City, for plaintiff. Mark H. Berger, New York City, of counsel.

Paul W. Williams, U. S. Atty., for the Southern District of New York, New York City, for defendant. Charles J. Hartenstine, Jr., Special Assistant U. S. Atty., New York City, of counsel.

PALMIERI, District Judge.

Plaintiff has instituted this action, pursuant to Section 360(a) of the Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1503(a)) and Section 10 of the Administrative Procedure Act (5 U.S.C.A. § 1009), for a declaratory judgment under the provisions of 28 U.S.C. § 2201, declaring him to be a national of the United States. Defendant has moved, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C. for...

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