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CHIN FOOK v. McGRATH

Civ. A. No. 29691.

92 F.Supp. 614 (1950)

CHIN FOOK v. McGRATH, Attorney General, et al.

United States District Court N. D. California, S. D.

July 13, 1950.

Attorney(s) appearing for the Case

I. M. Peckham, San Francisco, Cal., for plaintiff.

Frank J. Hennessy, United States Attorney, San Francisco, Cal., for defendants.

ERSKINE, District Judge.

Defendants' motion for denial of a jury trial in this action is hereby granted for the following reasons:

1. A judicial proceeding for declaration of United States nationality under Section 903 of the Nationality Code, 8 U.S. C.A., is essentially a declaratory judgment action, providing a special remedy for a limited class of persons. Like all declaratory judgment actions it is neither legal nor equitable, but sui generis; it...

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