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WONG GONG FAY v. BROWNELL

No. 15002.

238 F.2d 1 (1956)

WONG GONG FAY, Appellant, v. Herbert W. BROWNELL, Jr., Attorney General of the United States, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 12, 1956.

Attorney(s) appearing for the Case

Salvatore C. J. Fusco, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before STEPHENS, CHAMBERS and BARNES, Circuit Judges.

STEPHENS, Circuit Judge.

Appellant, Wong Gong Fay, in October, 1951, brought an action in the District Court seeking a judgment declaring him to be a national of the United States. Upon trial the District Court denied plaintiff-appellant relief upon grounds that this court, following its own cases of Ly Shew v. Dulles, 9 Cir., 219 F.2d 413, and Chow Sing v. Brownell, 9 Cir., 217 F.2d 140, held to...

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