McGRATH v. ZANDER

No. 10107.

177 F.2d 649 (1949)

McGRATH, Attorney General, et al. v. ZANDER.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1949.


Attorney(s) appearing for the Case

Mr. J. Roger Wollenberg, Washington, D. C., pro hac vice, by special leave of Court, with whom Mr. James L. Morrisson, Attorney, Department of Justice, Washington, D. C., was on the brief, for appellants.

Mr. Joseph W. Bishop, Jr., Attorney, Department of Justice, Washington, D. C., also entered an appearance for appellants.

Mr. Michael J. Keane, Jr., Washington, D. C., with whom Mr. Karl Michelet, Washington, D. C., was on the brief, for appellee.

Messrs. Donald Hiss and Clifton J. Stratton, Jr., Washington, D. C., filed a brief for Emily Pavenstedt Fritze and Ellen Biddle Stackelberg as amici curiae, urging affirmance.

Before CLARK and PROCTOR, Circuit Judges, and ARTHUR F. LEDERLE, District Judge, sitting by designation.


PROCTOR, Circuit Judge.

Appellee, a native born adult citizen of the United States, with home and domicile in New Orleans, went to Germany in June, 1939, for a visit, with her return passage booked for September 9, 1939. A train of fortuitous circumstances, starting with the sudden invasion of Poland, delayed and finally prevented her return. While so detained, she fell in love with and married Dieter Zander, a German citizen. According to German law the marriage...

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