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RUCKER v. SAXBE

No. 76-1509.

552 F.2d 998 (1977)

Robert RUCKER, Appellant, v. William B. SAXBE, Attorney General of the United States, et al.

United States Court of Appeals, Third Circuit.

Decided March 17, 1977.

Attorney(s) appearing for the Case

Michael Krinsky, Rabinowitz, Boudin & Standard, New York City, Ira Gollobin, New York City, for appellant.

Jonathan L. Goldstein, U. S. Atty., George E. Mittelholzer, Asst. U. S. Attorney, Newark, N. J., for appellees.

Before VAN DUSEN and ADAMS, Circuit Judges, and WEINER, District Judge.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from a district court judgment entered in favor of the Government in a September 1973 action for declaration of citizenship brought pursuant to 8 U.S.C. § 1503. Plaintiff Rucker contests both the applicability and constitutionality of the provisions related to retention of citizenship (8 U.S.C. § 1401(b)) by persons born outside of the limits and jurisdiction of the United States...

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