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GARLASCO v. DULLES

138 F.Supp. 796 (1956)

Frank GARLASCO, Plaintiff, v. John Foster DULLES, Secretary of State of the United States of America, Defendant.

United States District Court S. D. New York.

March 6, 1956.

Attorney(s) appearing for the Case

Louis Schifrin, New York City, for plaintiff (David I. Shivitz, New York City, of counsel).

Paul W. Williams, U. S. Atty., S. D. New York, New York City, for defendant (George M. Vetter, Jr., New York City, of counsel).

THOMAS F. MURPHY, District Judge.

This action under Section 503 of the Nationality Act of 1940, 8 U.S.C. § 9031 is for a declaration that plaintiff is a national of the United States. It is the government's contention that plaintiff lost his nationality under Section 404(b) of the said Act, 8 U.S.C. § 8042 by virtue of continuously residing for three years in Italy, the country of his birth.

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