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FONG NAI SUN v. DULLES

No. 13417.

117 F.Supp. 391 (1953)

FONG NAI SUN v. DULLES, United States Secretary of State et al.

United States District Court, S. D. California, Central Division.

July 13, 1953.

Attorney(s) appearing for the Case

Brennan & Cornell, Los Angeles, Cal., for plaintiff.

Walter S. Binns, U. S. Atty., Clyde C. Downing and Robert K. Grean, Asst. U. S. Attys., Los Angeles, Cal., for defendant.

WESTOVER, District Judge.

Plaintiff has filed a petition, pursuant to Title 8, § 903, U.S.C.A.,1 asking this court to declare him to be a national of the United States and entitled to the rights and privileges of a citizen thereof. To plaintiff's petition the Secretary of State filed an answer in which, as a further and separate defense, it was alleged the petition failed to state a claim upon which relief could be granted.

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