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TROP v. DULLES

No. 63, Docket 24184.

239 F.2d 527 (1956)

Albert L. TROP, Plaintiff-Appellant, v. John Foster DULLES, as Secretary of State of the United States, and United States Department of State, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 28, 1956.

Writ of Certiorari Granted March 4, 1957.

Attorney(s) appearing for the Case

Osmond K. Fraenkel, New York City, for plaintiff-appellant.

Margaret E. Millus, Leonard P. Moore, U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for defendants-appellees.

Before CLARK, Chief Judge, and HAND and SWAN, Circuit Judges.

Writ of Certiorari Granted March 4, 1957. See 77 S.Ct. 591.

HAND, Circuit Judge.

The plaintiff appeals from a judgment, summarily dismissing his complaint in an action under § 1503(a) of Title 8 U.S.C.A., for a judgment declaring him to be "a national of the United States." He is a native citizen, who was serving in 1944 in the United States Army in French Morocco; and the only question is whether he lost his "nationality" because he was convicted by...

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