No. 227, Docket 21642.

182 F.2d 734 (1950)

Petition of MOSER.

United States Court of Appeals Second Circuit.

Decided June 14, 1950.

Attorney(s) appearing for the Case

J. Vincent Keogh, United States Attorney, Brooklyn, N. Y., for the United States, appellant Edward S. Szukelewicz, Assistant United States Attorney, Brooklyn, N. Y., of counsel.

Morris E. Vogel, New York City, for appellee.

Before L. HAND, Chief Judge, and CHASE and CLARK, Circuit Judges.

CHASE, Circuit Judge.

Paul Moser, a native and citizen of Switzerland, was admitted to the United States on December 29, 1937 for permanent residence. He filed a declaration of intention to become a citizen in the District Court for the Southern District of New York on March 9, 1938 but on May 11, 1940 left voluntarily for Switzerland where he served as an officer in the Swiss Army until he was released from such duty in the fall of that year. He reentered the United...

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