FRAGALE v. ROGERS

Civ. No. 18685.

175 F.Supp. 658 (1959)

Marie Assunta FRAGALE, Plaintiff, v. William ROGERS, individually, and as Attorney General of the United States, Defendant.

United States District Court E. D. New York.

July 24, 1959.


Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., by Irwin J. Harrison, Asst. U. S. Atty., Great Neck, N. J., for the motion.

Philip Ciaccia, Brooklyn, N. Y., for plaintiff, in opposition.


RAYFIEL, District Judge.

This is a motion under Rule 12(b) (1) and (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint herein on the grounds (a) that the Court lacks jurisdiction over the subject matter, and (b) that the complaint fails to state a claim upon which relief can be granted.

The plaintiff, a native of Canada, became a naturalized citizen of the United States on August...

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