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FONG SIK LEUNG v. DULLES

No. 13610.

226 F.2d 74 (1955)

FONG SIK LEUNG, as Guardian Ad Litem for Fong Gar Hong, Appellant, v. John Foster DULLES, as Secretary of State, Appellee.

United States Court of Appeals Ninth Circuit.

July 28, 1955.

Attorney(s) appearing for the Case

Jackson & Hertogs, Joseph S. Hertogs, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, POPE, Circuit Judge, and BOLDT, District Judge.

DENMAN, Chief Judge.

Appellant, seeking to establish under 8 U.S.C. § 903, now 8 U.S.C.A. § 1503, that he is an American citizen born in China to an American citizen father, Fong Sik Leung, his guardian ad litem, appeals from a judgment of the district court dismissing his petition. The court relied upon F.R.C.P. 41(b).1 Its ground of dismissal is the refusal of the guardian ad litem, who so happened to be appellant's alleged...

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