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GARLASCO v. DULLES

No. 157, Docket 24169.

243 F.2d 679 (1957)

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

United States Court of Appeals Second Circuit.

Decided April 2, 1957.

Attorney(s) appearing for the Case

Louis Schifrin, New York City (David I. Shivitz, Samuel L. Scholer, Theodore P. Halperin, New York City, of counsel), for plaintiff-appellee.

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City (George M. Vetter, Jr., Asst. U. S. Atty., New York City, of counsel), for defendant-appellant.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and SMITH, District Judge.

J. JOSEPH SMITH, District Judge.

This is an appeal by defendant from a judgment declaring that plaintiff was a national of the United States on March 2, 1951, entered in an action brought September 10, 1952, under the Act of October 14, 1940, Chap. 876, Title I, Subchapter V, Sec. 503, 54 Stat. 1171, 8 U.S.C. § 903.*

Plaintiff was born in Italy in 1893, came to the United States in 1901, married a native born American citizen...

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