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UNITED STATES v. MATLES

No. 250, Docket 24435.

247 F.2d 378 (1957)

UNITED STATES of America, Plaintiff-Appellee, v. James J. MATLES, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 10, 1957.

Attorney(s) appearing for the Case

Frank J. Donner, of Donner, Kinoy & Perlin, New York City (Samuel Gruber, Stamford, Conn., and Arthur Kinoy and Marshall Perlin, of Donner, Kinoy & Perlin, New York City, on the brief), for defendant-appellant.

Leonard P. Moore, U. S. Atty., E.D. N.Y., Brooklyn, N. Y. (Cornelius W. Wickersham, Jr., and Howard B. Gliedman, Asst. U. S. Attys., Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

CLARK, Chief Judge.

This is an appeal from an order punishing a defendant in a denaturalization action who refused to obey a district court order directing him to be sworn to give his oral deposition before trial. Three issues are presented: (1) whether denaturalization proceedings are invalid if the affidavit of good cause required by 8 U.S.C. § 1451(a) is filed subsequent to the complaint; (2) whether such affidavits must be based on personal knowledge of the...

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