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PEREZ v. BROWNELL

No. 44.

356 U.S. 44 (1958)

PEREZ v. BROWNELL, ATTORNEY GENERAL.

Supreme Court of United States.

Restored to the calendar for reargument June 24, 1957.

Reargued October 28, 1957.

Decided March 31, 1958.

Attorney(s) appearing for the Case

Charles A. Horsky argued the cause for petitioner. With him on the briefs were Fred Okrand, A. L. Wirin, Jack Wasserman and Salvatore C. J. Fusco.

Oscar H. Davis argued the cause for respondent on the original argument, and Solicitor General Rankin on the reargument. With them on the briefs were Warren Olney, III, then Assistant Attorney General, and J. F. Bishop. Beatrice Rosenberg was also with them on the brief on the reargument.

John W. Willis filed a brief for Mendoza-Martinez, as amicus curiae.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

Petitioner, a national of the United States by birth, has been declared to have lost his American citizenship by operation of the Nationality Act of 1940, 54 Stat. 1137, as amended by the Act of September 27, 1944, 58 Stat. 746. Section 401 of that Act1 provided that

"A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality...

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