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MATTER OF KURSTEINER

5 A.D.2d 965 (1958)

In the Matter of the Application of Hans Rudolf Kursteiner for Citizenship in The United States of America, Appellant. United States Immigration and Naturalization Service, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 21, 1958

Order reversed and proceeding remitted to the Special Term for a new hearing, without costs of this appeal to either party.

Memorandum:

Section 315 of the Immigration and Nationality Act (U. S. Code, tit. 8, § 1426) provides in substance that any alien who (1) applies for exemption or discharge from service in the armed forces of the United States on the ground that he is an alien and (2) is relieved or discharged...

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