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LEE KAI NGOON v. DULLES

Civ. A. No. 52-1417.

138 F.Supp. 84 (1956)

LEE KAI NGOON, by his brother and next friend, Lee Kai, Plaintiff, v. John Foster DULLES, Secretary of State of the United States, Defendant.

United States District Court D. Massachusetts.

January 30, 1956.

Attorney(s) appearing for the Case

Ralph F. Martino, Boston, Mass., for plaintiff.

James J. Sullivan, Jr., Asst. U. S. Atty., Boston, Mass., for defendant.

SWEENEY, Chief Judge.

In this action the plaintiff seeks a declaratory judgment that he is a derivative citizen of the United States as the son of Lee King, a native-born citizen. The suit is brought by Lee Kai, as the plaintiff's brother and next friend. In order to sustain the action, the plaintiff must establish, by a preponderance of the evidence, that Lee King was a native-born citizen, and that the plaintiff is the son of Lee King.

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