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SCIRIA v. UNITED STATES

No. 12805.

238 F.2d 77 (1956)

Angelo SCIRIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

October 18, 1956.

Attorney(s) appearing for the Case

Joseph L. Newman, Cleveland, Ohio, for appellant.

Summer Canary, Eben H. Cockley, U. S. Attys., Cleveland, Ohio, for appellee.

Before SIMONS, Chief Judge, and McALLISTER and STEWART, Circuit Judges.

PER CURIAM.

In 1940 an order cancelling the appellant's certificate of citizenship was entered in the United States District Court for the Northern District of Ohio after service by publication. A motion filed five years later to vacate that order was overruled by the district court upon the ground that the motion had not been filed within the time provided by Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. No appeal was taken either from the original...

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