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MONACO v. DULLES

No. 142, Docket 22913.

210 F.2d 760 (1954)

MONACO et al. v. DULLES, Secretary of State.

United States Court of Appeals, Second Circuit.

Decided February 15, 1954.

Attorney(s) appearing for the Case

Caputi & Caputi, New York City, (Sebastian P. Caputi, New York City, of counsel), for plaintiffs-appellants.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of N. Y., New York City (Harold R. Tyler, Jr., New York City, of counsel), for defendant-appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

The government1 concedes that Gennaro Monaco was a citizen. Accordingly, the government had the burden of proving that he had expatriated himself. We agree with Acheson v. Maenza, 92 U.S.App.D.C. 85, 202 F.2d 453, 456, which held that the burden in such a case is like that in a denaturalization proceeding, i. e., the evidence of expatriation must be "clear, unequivocal and convincing...

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