MANDOLI v. ACHESON

No. 10958.

193 F.2d 920 (1952)

MANDOLI v. ACHESON, Secretary of State.

United States Court of Appeals District of Columbia Circuit.

Decided January 10, 1952.


Attorney(s) appearing for the Case

Jack Wasserman, Washington, D. C., for appellant.

Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty. at the time the brief was filed, and Joseph M. Howard and C. Frank Reifsnyder, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

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

Before EDGERTON, PROCTOR, and BAZELON, Circuit Judges.


EDGERTON, Circuit Judge.

Appellant was born in the United States of Italian parents. He therefore had dual citizenship at birth. When he was four months old his parents took him to Italy. He has lived there ever since. He speaks no English. After he came of age he made no attempt to return to the United States until 1937 when he was 29 or 30 years old. He is now 44. We think it follows from Perkins v. Elg,

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