PETRO v. McGRATH

No. 10616.

188 F.2d 978 (1950)

PETRO v. McGRATH, Atty. Gen.

United States Court of Appeals District of Columbia Circuit.

Decided November 16, 1950.


Attorney(s) appearing for the Case

Hallock P. Long, Washington, D. C. (James H. McCoole, Washington, D. C., on the brief), for appellant.

William R. Glendon, Asst. U. S. Atty., Washington, D. C. (George Morris Fay, U. S. Atty. and Ross O'Donoghue and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., on the brief), for appellee.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.


CLARK, Circuit Judge.

When the appellant returned to the United States, his presence was determined to be illegal, and he was declared subject to deportation to Canada. He filed an action in the United States District Court to be declared an American national, and from an adverse judgment he now appeals.

There is no dispute on the facts. The appellant was born in Oklahoma in 1900 and was taken by his parents to Canada in 1910. On December 29, 1912, the appellant...

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