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VILLAMAR v. UNITED STATES

No. 1031, Docket 80-6375.

651 F.2d 116 (1981)

Petition for Naturalization of Bolivar Milton VILLAMAR, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 2, 1981.

Attorney(s) appearing for the Case

Esther Milsted, New York City, for petitioner-appellee.

Michael D. Patrick, Sp. Asst. U. S. Atty., New York City, (John S. Martin, Jr., U. S. Atty., S. D. N. Y., Thomas H. Belote, Sp. Asst. U. S. Atty., William J. Hibsher, Asst. U. S. Atty., New York City, of counsel), for respondent-appellant.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and MALETZ, Judge, United States Court of International Trade.

MALETZ, Judge:

The United States appeals from a decision of the United States District Court for the Southern District of New York, Inzer B. Wyatt, J., granting appellee's petition for naturalization because he was exempted from compulsory military service from October 7, 1943 to March 13, 1945, by virtue of his status as a neutral alien.

The facts are not in dispute. Appellee was born in Ecuador on August 22, 1909 and is a citizen of that country. He was...

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