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IN RE WEITZMAN

No. 19446.

426 F.2d 439 (1970)

In the Matter of the Petition for Naturalization of Brenda Barbara WEITZMAN.

United States Court of Appeals, Eighth Circuit.

April 7, 1970.

Attorney(s) appearing for the Case

Thomas C. Kayser, of Robins, Davis & Lyons, St. Paul, Minn., for appellant.

Paul Nejelski, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before BLACKMUN, LAY and HEANEY, Circuit Judges.

PER CURIAM.

The three of us who heard this appeal have, it turns out, separate and distinct approaches. Two (Judges Blackmun and Heaney) conclude that the constitutional issue is to be reached. One (Judge Lay) concludes that it need not be reached. The two who reach the constitutional issue find themselves apart in the resolution of that issue. Accordingly, Judges Lay and Heaney, for differing reasons, vote to reverse the district court's denial of the applicant's...

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