UNITED STATES v. COSTELLO


145 F.Supp. 892 (1956)

UNITED STATES of America, Plaintiff, v. Frank COSTELLO, Defendant.

United States District Court S. D. New York.

October 23, 1956.


Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City, for United States, Alfred P. O'Hara, Earl J. McHugh and Edwin J. Wesely, Asst. U. S. Attys., New York City, of counsel.

Hays, St. John, Abramson & Heilbron, New York City, for defendant.

Edward Bennett Williams, Washington, D. C., for defendant, Robert Cole, New York City, of counsel.


PALMIERI, District Judge.

The Government brought this action to cancel defendant's citizenship on the ground of illegality and fraud in its procurement in violation of the Nationality Act of 1906, June 29, 1906, c. 3592, § 4, 34 Stat. 596.* On the first day of trial, defense counsel moved to strike the affidavit of good cause, which is a prerequisite to a denaturalization proceeding, United States v. Zucca, 1956, 351...

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