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MAH TOI v. BROWNELL

No. 13563.

219 F.2d 642 (1955)

MAH TOI, Appellant, v. Herbert BROWNELL, Jr., as Attorney General, Appellee.

United States Court of Appeals, Ninth Circuit.

February 16, 1955.

Attorney(s) appearing for the Case

Jackson & Hertogs, Joseph F. 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.

BOLDT, District Judge.

Appellant seeks to establish that he is a citizen of the United States, proceeding under 8 U.S.C. § 903* and basing his claim to such status on the allegation that he was born in the City of San Francisco, California on November 1, 1902 and by reason of native birth is a citizen under the Fourteenth Amendment to the federal Constitution. The only evidence offered at the trial in support of appellant's petition...

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