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ZIMMER v. ACHESON

No. 4259.

191 F.2d 209 (1951)

ZIMMER et al. v. ACHESON, Secretary of State.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 27, 1951.

Attorney(s) appearing for the Case

A. B. Mitchell, Topeka, Kan., for appellants.

Lester Luther, U. S. Atty., Eugene W. Davis, Asst. U. S. Atty., and Malcolm Miller, Asst. U. S. Atty., all of Topeka, Kan., for appellee.

Before PHILLIPS, Chief Judge, MURRAH, Circuit Judge, and RICE, District Judge.

PHILLIPS, Chief Judge.

This is a declaratory judgment action brought by Harry Ward Zimmer and Ilona Zimmer, seeking an adjudication that each of them is a citizen of the United States.

Harry Ward Zimmer was born in Coburg, Bavaria, August 9, 1905. He married Ilse Erdmann June 15, 1939. Ilona, the issue of such marriage, was born in Germany on July 22, 1940. Ilse Erdmann was a citizen of Germany. She never became a citizen of the United States. She died at...

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