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AFROYIM v. RUSK

250 F.Supp. 686 (1966)

Beys AFROYIM, Plaintiff, v. Dean RUSK, as Secretary of State, Defendant.

United States District Court S. D. New York.

February 25, 1966.

Attorney(s) appearing for the Case

American Civil Liberties Union, New York City, for plaintiff; Nanette Dembitz, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for defendant; James G. Greilsheimer, Sp. Asst. U. S. Atty., of counsel.

FREDERICK van PELT BRYAN, District Judge:

In this declaratory judgment action plaintiff, who has lost his American citizenship under § 401(e) of the Nationality Act of 1940, 8 U.S.C. § 1481(a) (5), challenges the constitutionality of that section.

While it does not appear whether plaintiff was within the United States when the action was commenced, there is jurisdiction in any event. If he was, this court...

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