UNITED STATES v. HARBANUK

No. 159.

62 F.2d 759 (1933)

UNITED STATES v. HARBANUK.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.


Attorney(s) appearing for the Case

John Buckley, U. S. Atty., of Hartford, Conn., and George H. Cohen, Asst. U. S. Atty., of Hartford Conn., for appellant.

Albert W. Hummel, of Waterbury, Conn., for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

The appellee was a native of Russia, a former subject of Austria, and enlisted in the National Army August 24, 1918. On November 14, 1918, he was honorably discharged, his record of discharge reading: "This soldier discharged neutral alien per telegraphic instructions from War Department November 14, 1918." The record does not disclose that he requested his discharge.

On January 13, 1928, the appellee filed a petition for citizenship...

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