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UNITED STATES v. ANASTASIO

No. 11350.

226 F.2d 912 (1955)

UNITED STATES of America v. Umberto ANASTASIO, also known as Albert Anastasia, Appellant.

United States Court of Appeals Third Circuit.

Decided September 19, 1955.

Rehearing Denied November 16, 1955.

Attorney(s) appearing for the Case

Samuel Paige, New York City (James N. Pappas, Newark, N. J., Paige & Paige, Norma Z. Paige, New York City, on the brief), for defendant-appellant.

Charles H. Hoens, Jr., Newark, N. J. (Raymond Del Tufo, Jr., U. S. Atty., Newark, N. J., on the brief), for plaintiff-appellee.

Before GOODRICH and KALODNER, Circuit Judges, and LORD, District Judge.

KALODNER, Circuit Judge.

Defendant is a native of Italy. On June 29, 1943 the Common Pleas Court of Lebanon County, Pennsylvania entered its order admitting him to citizenship and issued a certificate of naturalization to him. Almost ten years later, on December 9, 1952, the United States instituted proceedings under Section 338 (a) of the Nationality Act of 1940, 54 Stat. 1137, 1158, 8 U.S.C. § 738(a)* to set aside the naturalization...

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