JOST v. ACHESON


104 F.Supp. 41 (1952)

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

United States District Court S. D. New York.

April 9, 1952.


Attorney(s) appearing for the Case

William A. Zeck, New York City, for plaintiff.

Myles J. Lane, U. S. Atty. for Southern District of New York, New York City, Harold J. Raby and Ethel S. A. Davidson, Asst. U. S. Attys., New York City, of counsel, for defendants.


McGOHEY, District Judge.

The plaintiff, a native born citizen of the United States, having been declared to have expatriated himself by allegedly taking an oath of allegiance to the German Government, brings this suit pursuant to 8 U.S.C. § 903 for a judgment declaring him to be a national of the United States. The case was tried to the Court alone.

The complaint is dismissed as to the defendant McGrath because no evidence whatever was introduced that...

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