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BENITEZ REXACH v. UNITED STATES

No. 7052.

390 F.2d 631 (1968)

Felix BENITEZ REXACH, Defendant, Appellant, v. UNITED STATES of America, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

March 11, 1968.

Attorney(s) appearing for the Case

Walter L. Newsom, Jr., San Juan, P. R., with whom Rene Benitez Rexach, San Juan, P. R., and Brown, Newsom & Cordova, San Juan, P. R., were on brief, for appellant.

Mitchell Rogovin, Asst. Atty. Gen., with whom Francisco A. Gil, Jr., U. S. Atty., and Meyer Rothwacks, Thomas Silk, Louis M. Kauder, John J. McCarthy and Jerome H. Fridkin, Attys., Dept. of Justice, were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an appeal by permission under 28 U.S.C. § 1292(b) from the denial of defendant's motion for a summary judgment dismissing the complaint. The record consists of certain stipulations and exhibits, and the testimony of the defendant, warranting the following findings.1

Felix Benitez Rexach, hereafter taxpayer, a native-born Puerto Rican, became an American citizen by virtue of the Jones Act of March...

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