UNITED STATES v. GOKHALE

No. 282.

26 F.2d 360 (1928)

UNITED STATES v. GOKHALE.

Circuit Court of Appeals, Second Circuit.

May 21, 1928.


Attorney(s) appearing for the Case

Celler & Kraushaar, of New York City (Meyer Kraushaar and Emanuel Celler, both of New York City, of counsel), for appellant.

Oliver D. Burden, of Syracuse, N. Y., for the United States.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

That the defendant was not in fact eligible for naturalization is settled by U. S. v. Thind, 261 U.S. 204, 43 S.Ct. 338, 67 L. Ed. 616, for he is concededly a Hindu, and under that case a Hindu is not a white person as the statute defines that phrase. This being so, the only question remaining is whether his admission by the Supreme Court of New York was res judicata and not open to review by bill in equity under section...

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