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AUGELLO v. DULLES

No. 175, Docket 23314.

220 F.2d 344 (1955)

Vincenzo AUGELLO, Plaintiff-Appellant, v. John Foster DULLES, as Secretary of State of the United States, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 9, 1955.

Attorney(s) appearing for the Case

Ferro & Cuccia, New York City (Josephine Ferro, Joseph F. Cuccia, New York City, of counsel), for plaintiff-appellant.

Leonard P. Moore, U. S. Atty. for E. D. New York, Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., Chief Asst. U S. Atty., Brooklyn, N. Y., of counsel), for defendant-appellee.

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

HINCKS, Circuit Judge.

This was an action for a declaratory judgment instituted by appellant under Section 503 of the Nationality Act of 1940, 54 Stat. 1171, former 8 U.S.C. § 903, now 8 U.S.C.A. § 1503. The plaintiff-appellant sought a declaration that he is a citizen of the United States. The court below found (a) that the plaintiff had taken an oath of allegiance to the King of Italy and (b) that he did so voluntarily. On these findings he concluded that...

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