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  5. 118 F.Supp. 870 (1954)
 

PETITION OF CAPUTO

No. 492305.

118 F.Supp. 870 (1954)

Petition of CAPUTO.

United States District Court, E. D. New York.

February 18, 1954.

Attorney(s) appearing for the Case

Jackson G. Cook, New York City, for petitioner, Edward L. Dubroff, Brooklyn, N. Y., of counsel.

Harry Addelson, U. S. Naturalization Examiner, Brooklyn, N. Y.

BYERS, District Judge.

This petition is opposed by reason of the applicant's having answered question 41 "Yes" on Selective Service Form DSS 304 (Alien's Personal History and Statement) on May 22, 1942 filed with his Local Board, when he was called for military service.

The answer meant: "I do object to service in the land or naval forces of the United States."

The petitioner was then an enemy alien by reason of his Italian birth, and was legally present...

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