SIMONS v. UNITED STATES

No. 70 Civ. 1222.

333 F.Supp. 855 (1971)

Iracema Philippina SIMONS, Plaintiff, v. UNITED STATES of America and the Estate of John Simons, Deceased, Defendants.

United States District Court, S. D. New York.

May 24, 1971.


Attorney(s) appearing for the Case

Gerald J. McMahon, New York City, for plaintiff; Edward J. Ennis, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for U.S.A.; T. Gorman Reilly, Asst. U. S. Atty., of counsel.

Guzik & Boukstein, New York City, for Estate of John Simons, Deceased, Leo Guzik, Harris Rakov, New York City, of counsel.


LASKER, District Judge.

The motions here raise novel questions of law in an unusual factual setting. The plaintiff alleges that she and her late, divorced husband obtained their naturalization decrees in this court by fraud. She seeks to have both decrees set aside. The motivation for such an unusual action is apparent from the papers. Despite the observation of Mr. Justice Black that "[n]ot only is United States citizenship a `high privilege,' it is a priceless treasure...

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