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LAU AH YEW v. DULLES

No. 15768.

257 F.2d 744 (1958)

LAU AH YEW, Appellant, v. John Foster DULLES, Secretary of State of the United States of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 25, 1958.

Attorney(s) appearing for the Case

N. W. Y. Char, Honolulu, Hawaii, William J. Gintjee, San Francisco, Cal., for appellant.

Louis B. Blissard, U. S. Atty., Charles B. Dwight, III, Asst. U. S. Atty., Honolulu, Hawaii, for appellee.

Before MATHEWS, POPE, and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

Seeking a judicial declaration that he is a national of the United States, Lau Ah Yew brought this action pursuant to § 503 of the Nationality Act of 1940.1 The Government answered, denying the basic allegations of the complaint, and advancing additional defenses. After a trial without a jury, judgment was entered for the Government. Lau Ah Yew appeals.

The first question presented is whether, in finding...

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