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SOCCODATO v. DULLES

No. 12108.

226 F.2d 243 (1955)

Enrico SOCCODATO, Appellant, v. John Foster DULLES, Secretary of State, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1955.

Petition for Rehearing Denied October 4, 1955.

Attorney(s) appearing for the Case

Mr. Domenic Tesauro, Washington, D. C., for appellant.

Miss Catherine B. Kelly, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll and Robert L. Toomey, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, WILBUR K. MILLER, and FAHY, Circuit Judges.

Petition for Rehearing In Banc Denied October 4, 1955.

FAHY, Circuit Judge.

The District Court, in an action by appellant for a judgment declaring him to be a citizen of the United States, held that he had expatriated himself and was no longer a citizen. He was born in the United States October 6, 1914, and thus became a citizen under our Constitution and laws. Perkins v. Elg, 307 U.S. 325, 328-329, 59 S.Ct. 884, 83 L.Ed. 1320...

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