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DOS REIS v. NICOLLS

No. 4230.

161 F.2d 860 (1947)

DOS REIS ex rel. CAMARA v. NICOLLS, Dist. Director of Immigration & Naturalization.

Circuit Court of Appeals, First Circuit.

Rehearing Denied May 22, 1947.

Attorney(s) appearing for the Case

David Silverstein, of Fall River, Mass., for petitioner.

Gerald J. McCarthy, Asst. U.S. Atty., of Boston, Mass. (William T. McCarthy, U. S. Atty., of Boston, Mass., on the brief), for respondent.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

Section 401 of the Nationality Act of 1940, 54 Stat. 1168, 8 U.S.C.A. § 801, contains the following provision: "A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: * * * (c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state". The question now...

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