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UNITED STATES v. DIAMOND

No. 15393.

255 F.2d 749 (1957)

UNITED STATES of America, Appellant, v. David DIAMOND, etc., and Freeda Diamond, etc., Appellees.

United States Court of Appeals Ninth Circuit.

Concurring Opinion January 10, 1958.

Affirmed by Supreme Court April 7, 1958.

Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., James R. Dooley, Richard A. Lavine, Los Angeles, Cal., for appellant.

Gostin & Katz, Irwin Gostin, San Diego, Cal., Brock, Fleishman & Rykoff, Robert L. Brock, Hollywood, Cal., for appellees.

Before STEPHENS, Chief Judge, and FEE and HAMLEY, Circuit Judges.

Affirmed by Supreme Court April 7, 1958. See 78 S.Ct. 715.

STEPHENS, Chief Judge.

The United States is here appealing from dismissals of these actions for denaturalization by Judge Ben. Harrison. The sole question raised concerns Section 340(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. 1451(a). We quote the applicable portion of the statute:

"It shall be the duty of the United States district attorneys for the respective districts...

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