MEDALION v. UNITED STATES

No. 310, Docket 26064.

279 F.2d 162 (1960)

Marian Hilary MEDALION, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Second Circuit.

Decided May 27, 1960.


Attorney(s) appearing for the Case

Charles J. Hartenstine, Jr., S. Hazard Gillespie, Jr., U.S.Atty., New York City, for appellant.

Edward L. Dubroff, Brooklyn, N. Y., Abrams & Zuckerbrot, New York City, for appellee.

Before LUMBARD, Chief Judge, HAND, Circuit Judge, and JAMESON, District Judge.


HAND, Circuit Judge.

This is an appeal from an order of Judge Cashin granting the petition of Medalion, the appellee, to be naturalized (173 F.Supp. 249). The critical issue is whether the petitioner was disqualified because he had not been "physically present" in the United States for at least half the period of five years preceding the filing of his petition. § 1427(a), Title 8 U.S.C.A. The facts which are not in dispute...

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