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IN RE DUNCAN

No. 82-4322.

713 F.2d 538 (1983)

In re: Petition for Naturalization of Charles Peter DUNCAN. Charles Peter DUNCAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1983.

Attorney(s) appearing for the Case

Edward V. Anderson, Pillsbury, Madison & Sutro, San Francisco, Cal., for petitioner-appellant.

Leonard A. Rosenberg, U.S. Dept. of Justice, Washington, D.C., George Christopher Stoll, Asst. U.S. Atty., San Francisco, Cal., for respondent-appellee.

Before ANDERSON, SKOPIL and NORRIS, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Duncan appeals from the denial of his petition for naturalization. The INS recommended denial because Duncan declined to answer four questions on the Application to File Petition for Naturalization dealing with prior criminal activity, membership in organizations, belief in Communism, and moral character. Duncan objected to the four questions on grounds they violated his First Amendment...

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