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UNITED STATES v. SPROGIS

No. 391, Docket 84-6223.

763 F.2d 115 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Elmars SPROGIS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 31, 1985.

Attorney(s) appearing for the Case

Jeffrey N. Mausner, Trial Atty., Office of Special Investigations, Crim. Div., Dept. of Justice, Washington, D.C. (Neal M. Sher, Director, Michael Wolf, Deputy Director, Martin H. Sachs, Trial Atty., Dept. of Justice, Washington, D.C., of counsel), for plaintiff-appellant.

Ivars Berzins, Babylon, N.Y. (Joel A. Brenner, Ronald M. Organ, Ivars Berzins, P.C., Babylon, N.Y., of counsel), for defendant-appellee.

Before LUMBARD, MANSFIELD and CARDAMONE, Circuit Judges.

LUMBARD, Circuit Judge:

This case presents, in its most difficult and troubling form, the question of whether a naturalized citizen's conduct while a native police officer in a country invaded and occupied by the Nazis during World War II constitutes an involvement in the Nazis' persecution of civilians sufficient to require the revocation of his citizenship over 40 years later. The government appeals from the May 21, 1984 dismissal, by Judge Altimari, of its suit...

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