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PARACCHINI v. McGRATH

103 F.Supp. 184 (1952)

PARACCHINI v. McGRATH, U. S. Atty. Gen., et al.

United States District Court S. D. New York.

February 19, 1952.

Attorney(s) appearing for the Case

Ferro & Cuccia, New York City, Joseph F. Cuccia and Josephine Ferro, New York City, of counsel, for plaintiff.

Myles J. Lane, U. S. Atty., New York City, Robert Rubinger and Harold J. Raby, Asst. U. S. Attys., New York City, of counsel, for defendants.

IRVING R. KAUFMAN, District Judge.

The question in this case is whether the plaintiff, concededly a native-born United States citizen, expatriated himself under Section 2 of the Nationality Act of 19071 when he was drafted into the Italian Army in April 1931 and served therein until December of 1931, and whether the taking of an oath of allegiance to the Italian Government, if such oath was taken, in April or May of 1931, was sufficient...

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