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UNITED STATES v. ESPERDY

203 F.Supp. 389 (1962)

UNITED STATES of America ex rel. Herman Frederick MARKS, Relator, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service, New York District, United States Department of Justice, Respondent.

United States District Court S. D. New York.

March 29, 1962.

Attorney(s) appearing for the Case

Murray A. Gordon, New York City, for relator, Franklyn Gould, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., New York City, for respondent, Roy Babitt, Sp. Asst. U. S. Atty., of counsel.

CASHIN, District Judge.

This is a habeas corpus proceeding brought on the petition of the relator, Herman Marks, challenging the lawfulness of his detention by the respondent under an order of deportation by the Attorney General, and seeking the determination of this court whether, by operation of Section 349(a) (3) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1481(a) (3), he has lost his native-born American citizenship as a result of alleged...

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