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BROWNELL v. LEE MON HONG

No. 13957.

217 F.2d 143 (1954)

Herbert BROWNELL, Jr., as Attorney General of the United States, Appellant, v. LEE MON HONG, as guardian ad litem of Lee Gum Shilk, Appellee.

United States Court of Appeals Ninth Circuit.

November 24, 1954.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., Morton M. Levine, Immigration and Naturalization Service, San Francisco, Cal., for appellant.

Jackson & Hertogs, Joseph Hertogs, San Francisco, Cal., for appellees.

Before DENMAN, Chief Judge, and MATHEWS and BONE, Circuit Judges.

MATHEWS, Circuit Judge.

On December 10, 1951, in the United States District Court for the Northern District of California, Lee Gum Shilk, hereafter called Shilk, by his guardian ad litem, Lee Mon Hong, instituted an action1 against J. Howard McGrath, as Attorney General of the United States,2 for a judgment declaring Shilk to be a national of United States. The Attorney General answered the complaint,

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