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JALBUENA v. DULLES

No. 12341.

254 F.2d 379 (1958)

Joseph A. JALBUENA, Appellant, v. John Foster DULLES, Secretary of State.

United States Court of Appeals Third Circuit.

Decided April 11, 1958.

Attorney(s) appearing for the Case

Samuel Kagle, Philadelphia, Pa., for appellant.

Bernard F. Sheran, Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The Department of State having certified that, by operation of Section 401 (b) of the Nationality Act of 1940, 54 Stat. 1168, 8 U.S.C. 1946 ed. § 801(b), Joseph Jalbuena had lost his birthright United States citizenship, and the Department also having rejected his application for an American passport, Jalbuena brought this suit for a declaratory judgment in an effort to vindicate his claim that he is a citizen of the United States. The...

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