SHOEMAKER v. MALAXA

No. 128, Docket 24071.

241 F.2d 129 (1957)

Thomas B. SHOEMAKER, Plaintiff-Appellant, v. Nicolai MALAXA, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 15, 1957.


Attorney(s) appearing for the Case

White & Case, New York City (David Hartfield, Jr. and Howard J. Aibel, New York City, of counsel on the brief), for plaintiff-appellant.

Kissam & Halpin, New York City, (James H. Halpin, New York City, of counsel), for defendant-appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.


PER CURIAM.

Appellant sued in the District Court to recover attorney's fees, asserting that he was a resident of the District of Columbia and that the defendant was "an alien and a citizen of Roumania." At the conclusion of the trial Judge Murphy entered judgment dismissing the complaint on the ground that the defendant was a stateless alien in that Roumania had revoked his citizenship in 1948.

For the reasons set forth by Judge Bicks in his opinion in Blair...

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