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UNITED STATES v. NICOLAY

No. 263.

148 F.2d 608 (1945)

UNITED STATES v. NICOLAY.

Circuit Court of Appeals, Second Circuit.

March 30, 1945.

Attorney(s) appearing for the Case

Julien Cornell, of New York City, for defendant-appellant Carl Nicolay.

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order cancelling the Certificate of Naturalization of Carl Nicolay on the ground of fraud and illegality. It was alleged in the complaint that Nicolay in his petition for naturalization filed on April 28, 1920, had represented under oath that he was "attached to the principles of the Constitution"; that it was his intention "to renounce absolutely and forever all allegiance and fidelity to any foreign prince...

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