UNITED STATES v. OVENS

No. 2407.

13 F.2d 376 (1926)

UNITED STATES v. OVENS.

Circuit Court of Appeals, Fourth Circuit.

June 8, 1926.


Attorney(s) appearing for the Case

F. A. Linney, U. S. Atty., of Charlotte, N. C., and Frank C. Patton, of Morganton, N. C., Chas. A. Jonas, of Lincolnton, N. C., and Thomas J. Harkins, of Asheville, N. C., Asst. U. S. Attys.

T. L. Kirkpatrick and H. L. Taylor, both of Charlotte, N. C., for appellee.

Before WADDILL and ROSE, Circuit Judges, and WATKINS, District Judge.


ROSE, Circuit Judge.

The United States appeals from the refusal of the District Court to cancel a certificate of naturalization issued to the appellee, David Ovens, by the superior court of Mecklenburg county, N. C. The facts are not in dispute.

The appellee was born in Canada, and some time before the 28th of March, 1911, became a resident of the North Carolina county already named. On the day mentioned he declared his intention of becoming a citizen of the...

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