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ALATA v. DULLES

No. 10957.

221 F.2d 52 (1955)

Salvatore ALATA, also known as Salvatore Alati, Appellant, v. John Foster DULLES, Secretary of State, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1955.

Attorney(s) appearing for the Case

Mr. Jack Wasserman, Washington, D. C., for appellant.

Mr. Robert L. Toomey, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Mr. George Morris Fay, U. S. Atty., Washington, D. C., at the time the record was filed, and his successor as United States Atty., Mr. Charles M. Irelan, Washington, D. C., also entered appearances for appellee. Messrs. Joseph M. Howard, William R. Glendon and Willian J. Peck, Asst. U. S. Attys., Washington, D. C., at the time the record was filed, also entered appearances for appellee.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

After a hearing the District Court dismissed the complaint of Salvatore Alata, a native born American who sought a declaratory judgment that he is a citizen of the United States. This the court denied on the ground that after induction into the Italian army in September, 1933, he took an oath of allegiance to the King of Italy, shown by the evidence to have been in December of the same year.1

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