CHOW SING v. BROWNELL

No. 13746.

235 F.2d 602 (1956)

CHOW SING, by his Guardian ad litem, Chow Yit Quong, Appellant, v. Herbert BROWNELL, Jr., as Attorney General of the United States, Appellee.

United States Court of Appeals Ninth Circuit.

June 25, 1956.


Attorney(s) appearing for the Case

Jackson & Hertogs, Joseph Hertogs, San Francisco, Cal., for appellant.

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

Before DENMAN, Chief Judge, POPE, Circuit Judge, and SOLOMON, District Judge.


DENMAN, Chief Judge.

Chow Sing appeals from a judgment of the District Court in a declaratory judgment suit denying his claim to be declared an American citizen as the son of Chow Yit Quong, admittedly an American citizen. The grounds of his appeal are (A) that the District Court applied the wrong burden of proof and (B) that even assuming the court construed the evidence under the usual burden of proof in civil cases, it erred in holding that the burden had not been...

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