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UNITED STATES v. HOELLGER

No. 225, Docket 25376.

273 F.2d 760 (1960)

UNITED STATES of America, Respondent-Appellant, v. Otto Klaus Gunther HOELLGER, Petitioner-Appellee.

United States Court of Appeals Second Circuit.

Decided January 13, 1960.

Attorney(s) appearing for the Case

Roy Babitt, Sp. Asst. U. S. Atty., New York City (Arthur H. Christy, U. S. Atty., Southern Dist. of New York, New York City, on the brief), for respondent-appellant.

Lee Edward Goodwin, Flushing, N. Y., for petitioner-appellee.

Before WASHINGTON, WATERMAN and MOORE, Circuit Judges.

WATERMAN, Circuit Judge.

This case presents an important question arising under Section 315(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1426(a).

The district court, in an unreported decision, granted the petition for naturalization of appellee, Otto Hoellger, and the Government has appealed.

The facts are simple and undisputed. Appellee, a native and formerly a citizen of Germany, entered this country for permanent residence...

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