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LAPIDES v. CLARK

No. 9984.

176 F.2d 619 (1949)

LAPIDES v. CLARK, Attorney General, et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 23, 1949.

Writ of Certiorari Denied October 24, 1949.

Attorney(s) appearing for the Case

Mr. Irving Jaffe, Washington, D. C., for appellant. Messrs. Jack Wasserman, Washington, D. C., and Abram Orlow, Philadelphia, Pa., were on the brief for appellant.

Mr. John D. Lane, Assistant United States Attorney, Washington, D. C., with whom Mr. George Morris Fay, United States Attorney, Washington, D. C., was on the brief, for appellees.

Mr. Thomas M. Cooley, II, Washington, D. C., was on the brief for the American Civil Liberties Union as amicus curiae, urging reversal.

Mr. Marcus Cohn, Washington, D. C., was on the brief for the American Jewish Committee as amicus curiae, urging reversal.

Mr. Sanford H. Bolz, Washington, D. C., was on the brief for the American Jewish Congress as amicus curiae, urging reversal.

Before EDGERTON, CLARK, and PROCTOR, Circuit Judges.

Writ of Certiorari Denied October 24, 1949. See 70 S.Ct. 101.

PROCTOR, Circuit Judge.

This appeal is from an order of the District Court dismissing the complaint of appellant brought under Title 8, Section 903 of the United States Code, Annotated, for a judgment declaring him to be a national of the United States and that Section 404 of the Nationality Act of 1940, as amended, 8 U.S.C.A. §§ 804, 809, is inapplicable to him.

Appellant was...

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