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UNITED STATES v. TEDESCO

31 F.Supp. 322 (1940)

UNITED STATES v. TEDESCO.

District Court, S. D. New York.

January 15, 1940.

Attorney(s) appearing for the Case

John T. Cahill, U. S. Atty, of New York City, Southern District of New York (Samuel Brodsky, of New York City, of counsel), for petitioner.

Louis Weinberger, of New York City, for respondent.

HULBERT, District Judge.

Respondent moves under Rule 12 (f), Federal Rules of Civil Procedure, 28 U.S.C. A. following section 723c, to strike certain allegations from the complaint on the ground they are immaterial and prejudicial.

The action was instituted June 9, 1938 by the Government to set aside and cancel the certificate of citizenship issued to respondent on August 12, 1926 on the ground that said naturalization was fraudulently and illegally procured...

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