UNITED STATES v. CAIN

No. 148.

147 F.2d 449 (1945)

UNITED STATES ex rel. ABERASTURI v. CAIN, Commanding Officer, U. S. Army.

Circuit Court of Appeals, Second Circuit.

January 4, 1945.


Attorney(s) appearing for the Case

Louis J. Opal, of New York City, for relator-appellant.

T. Vincent Quinn, of Brooklyn, N. Y. (Vine H. Smith and Anthony G. Greco, both of Brooklyn, N. Y., of counsel), for respondent-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

In asserting that relator, on March 27, 1943 was a citizen of the United States, respondent is compelled to take the following position: (1) Respondent admits that, under the Nationality Act of 1940, 8 U.S. C.A. § 501 et seq., which became effective January 13, 1941, a minor child of alien parents, only one of whom was naturalized during the child's minority, does not become a citizen of the United States by mere length of residence of the...

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