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ORTH v. UNITED STATES

No. 5235.

142 F.2d 969 (1944)

ORTH et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

May 24, 1944.

Attorney(s) appearing for the Case

Thomas P. Stoney and Malcolm E. Crosland, both of Charleston, S. C. (Edward K. Pritchard and Paul M. Macmillan, both of Charleston, S. C., on the brief), for appellants.

Louis M. Shimel, Asst. U. S. Atty., of Charleston, S. C. (Claud N. Sapp, U. S. Atty., of Columbia, S. C., and D. E. Balch, Sp. Asst. to Atty. Gen., on the brief), for appellee.

Before PARKER, DOBIE, and NORTHCOTT, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Eastern District of South Carolina, cancelling the naturalization certificate of Albert Orth and Anna Orth under Section 338 of the Nationality Act of 1940, Title 8 U.S.C.A. § 738.

We are in hearty agreement with the attitude so succinctly expressed by Judge Foster in United States v. Kramer, 5 Cir., 262 F. 395, 397, as follows: "American citizenship is...

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