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LUE CHOW KON v. BROWNELL

Nos. 227-229, Dockets 23353-23355.

220 F.2d 187 (1955)

LUE CHOW KON; and Lue Don Wing as Parent and Natural Guardian of Lue Chow Lon and Lue Chow Yee, Plaintiffs-Appellants, v. Herbert BROWNELL, as Attorney General of the United States, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 10, 1955.

Attorney(s) appearing for the Case

Haskell R. Barst, New York City (Edward L. Dubroff, Brooklyn, N. Y., of counsel), for plaintiffs-appellants.

J. Edward Lumbard, U. S. Atty., New York City (Matthew A. Campbell, and Harold J. Raby, Asst. U. S. Attys., New York City, of counsel), for defendant-appellee.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

SMITH, District Judge.

These are appeals from dismissal of declaratory judgment actions brought on behalf of three claimed sons of an American citizen under Section 503 of the Nationality Act of 1940, 8 U.S.C. § 903, now 8 U.S.C. § 1503.

Judge I. R. Kaufman held that appellants' testimony was not credible and that they had failed to sustain the burden of proof. D.C.S.D.N.Y., 122 F.Supp. 370.

Since the...

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