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TOM WING PO v. ACHESON

No. 4804.

214 F.2d 661 (1954)

TOM WING PO v. ACHESON, Secretary of State.

United States Court of Appeals Tenth Circuit.

June 22, 1954.

Attorney(s) appearing for the Case

Joseph S. Hertogs, San Francisco (R. Dwight Wallace, Evanston, Wyo., with him on the brief), for appellant.

John F. Raper, Jr., Cheyenne, Wyo. (C. N. Bloomfield, Jr., Cheyenne, Wyo., with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PER CURIAM.

The appellant, Tom Wing Po, by his next friend, Tom Kum Woo, brought this action against Dean Acheson, then Secretary of State, under Section 503 of the Nationality Act of 1940, 54 Stat. 1171, 1172, 8 U.S.C. § 903 [1952 Revision, Immigration and Nationality Act, § 1503] for a judgment declaring the appellant to be a national of the United States. The trial court sustained a motion to dismiss the action on the grounds that Dean Acheson having...

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