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ACHESON v. WOHLMUTH

No. 10917.

196 F.2d 866 (1952)

ACHESON, Secretary of State v. WOHLMUTH.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1952.

Attorney(s) appearing for the Case

Joseph A. Sommer, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., at the time the brief was filed, Ross O'Donoghue, Joseph M. Howard, and L. Clark Ewing, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellant.

Charles M. Irelan, U. S. Atty., at the time of argument, Washington, D. C., also entered an appearance on behalf of appellant.

Henry F. Butler and Robert J. Stevenson, Washington, D. C., for appellee.

Before CLARK, PRETTYMAN and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a citizenship case. Plaintiff-appellee, a New Yorker by birth, married a German national in 1926. Thereafter she went to live in Germany with her husband, remaining there during and after World War II. On June 30, 1946, plaintiff-appellee voted in an election held in the American Occupied Zone of Germany. In the following year her application for an American passport was denied on the ground that by casting her ballot she had expatriated...

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