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LUM JUNG HOP v. HERTER

No. 12, Docket 26026.

282 F.2d 923 (1960)

LUM JUNG HOP, Plaintiff-Appellant, v. Christian A. HERTER, as Secretary of State of the United States of America, Defendant-Appellee. LUM JUNG SENG, Plaintiff-Appellant, v. Christian A. HERTER, as Secretary of State of the United States of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 30, 1960.

Attorney(s) appearing for the Case

Edward L. Dubroff, Brooklyn, N. Y. (Haskell R. Barst, New York City, on the brief), for plaintiff-appellants.

Sherman J. Saxl, Asst. U. S. Atty., Southern Dist. of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Stephen Kurzman, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and TUTTLE and FRIENDLY, Circuit Judges.

PER CURIAM.

These appeals turn on whether the district judge was clearly erroneous in his findings of fact, pursuant to which he dismissed the two complaints brought under § 503 of the Nationality Act of 1940, now 8 U.S.C.A. § 1503, for declaratory judgments establishing the nationality and citizenship of the appellants. The cases were consolidated for trial because the appellants alleged paternity through a common...

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