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UNITED STATES v. FEDORENKO

No. 78-2879.

597 F.2d 946 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Feodor FEDORENKO, etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 15, 1979.

Attorney(s) appearing for the Case

J. V. Eskenazi, U. S. Atty., Miami, Fla., Allan A. Ryan, Jr., Asst. Sol. Gen., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Phil Baum, Assoc. Exec. Dir., American Jewish Congress, New York City, for Amer. Jewish Congress, et al.

Celentano & Gildea, Brian M. Gildea, New Haven, Conn., Gregg J. Pomeroy, Fort Lauderdale, Fla., for defendant-appellee.

Before WISDOM, CLARK, and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 15, 1979.

WISDOM, Circuit Judge:

This appeal raises an important question concerning the standard to be applied to the materiality of a misrepresentation by non-disclosure in an action for revocation of citizenship. The government brought this action to revoke the citizenship of Feodor Fedorenko, the defendant-appellee, a naturalized citizen. We agree with the government that the district court erred as a matter...

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