YUNG JIN TEUNG v. DULLES

Nos. 19-28, Dockets 23414-23423.

229 F.2d 244 (1956)

YUNG JIN TEUNG, as father and next friend of Yung Quock Kew, a minor, and Yung Quock Kew, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. YEE YIN, as father and next friend of Yee Fook, and Yee Fook, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. GONG GEN DUCK, as brother and next friend of Gong Gen Ning, and Gong Gen Ning, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. FONG YET YING, as father and next friend of Fong King Gim, and Fong King Gim, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. MAR LIN, as father and next friend of Mar Ngew, a minor, and Mar Ngew, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. NGAI SHEUNG SUEY, as brother and next friend of Ngai Sheung Foon, and Ngai Sheung Foon, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. HOM UNG, as father and next friend of Hom Foon Yee, and Hom Foon Yee, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. WOON YOU KOON, as brother and next friend of Woon You Kee, and Woon You Kee, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. WONG KIM LEONG, as father and next friend of Wong Seng Lim, Wong Goon Ngew and Wong Yook Min, and Wong Seng Lim, Wong Goon Ngew and Wong Yook Min, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant. WONG FOOK, as father and next friend of Wong Shee Tong and Wong Shee Fong, and Wong Shee Tong and Wong Shee Fong, Plaintiffs, v. John Foster DULLES, as Secretary of State of the United States of America, Defendant.

United States Court of Appeals Second Circuit.

Decided January 20, 1956.


Attorney(s) appearing for the Case

Samuel B. Waterman, New York City, for plaintiffs.

Leonard P. Moore, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y. (Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendant.

Before SWAN, FRANK and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

These are consolidated appeals in ten similar cases brought under § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903,* which gave District Courts jurisdiction under certain circumstances to grant declaratory judgments determining citizenship. The suits were brought in December 1952 just a few days before the effective date of the Act of June 27, 1952, § 403(a) (42) which repealed the Act of 1940...

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