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SIMONS v. UNITED STATES

No. 286, Docket 71-1734.

452 F.2d 1110 (1971)

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

United States Court of Appeals, Second Circuit.

Decided December 13, 1971.

Attorney(s) appearing for the Case

Gerald J. McMahon, New York City (Edward J. Ennis, New York City, of counsel), for plaintiff-appellant.

Leo Guzik, New York City (Guzik & Boukstein, and David C. Birdoff, New York City, of counsel), for defendant-appellee, Estate of John Simons, Deceased.

T. Gorman Reilly, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, Stanley H. Wallenstein and Joseph P. Marro, Special Asst. U. S. Attys., of counsel), for defendant-appellee, United States.

Before FRIENDLY, Chief Judge, and HAYS, Circuit Judge, and DAVIS, Associate Judge.

FRIENDLY, Chief Judge:

This appeal raises interesting and important questions concerning the right of a former wife to attack the naturalization decrees of her deceased husband and herself entered over a score of years before the instant proceedings were begun.

The allegations of Iracema Philippina Simons, the plaintiff and movant, which for present purposes we must assume to be true, were as follows: She was born in 1922 in Brazil, a citizen of Holland by...

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