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COLOMBO v. UNITED STATES

No. 74-1613.

531 F.2d 943 (1975)

In the Matter of the Petition for Naturalization of Luis Mario Adalberto Colombo. Luis Mario Adalberto COLOMBO, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

October 14, 1975.

Attorney(s) appearing for the Case

James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for respondent-appellant.

Joseph S. Hertogs, Jackson & Hertogs, San Francisco, Cal., for petitioner-appellee.

Before KOELSCH and CHOY, Circuit Judges, and KELLEHER, District Judge.

OPINION

KELLEHER, District Judge:

This is an appeal by the government from an order of the United States District Court finding Luis Mario Adalberto Colombo, a citizen of Argentina, not ineligible for United States citizenship because of his wartime request for and relief from military training and service as a resident alien who was a citizen of a neutral country.

In 1943 under then-existing law, Section 3(a) of the Selective Training and Service...

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