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PODEA v. ACHESON

No. 100, Docket 21475.

179 F.2d 306 (1950)

PODEA v. ACHESON, Secretary of State of United States.

United States Court of Appeals Second Circuit.

Decided January 10, 1950.

Attorney(s) appearing for the Case

John W. Burke, Jr., New York City, attorney for Titus Livius Podea, Plaintiff-Appellant; Ralph C. Busser, Philadelphia, Pa., and William T. Love, Jr., New York City, Counsel.

J. Vincent Keogh, United States Attorney, Brooklyn, N. Y., for Dean Acheson, as Secretary of State of the United States of America, Defendant-Appellee; Nathan Borock, Assistant United States Attorney, Brooklyn, N. Y., Counsel.

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff brought this action under Section 503 of the Nationality Act of 1940, which provides as follows:

"If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether...

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