MURPHY, District Judge.
Plaintiff Toy Gon Sam through his father and guardian ad litem, Toy Teung Kwong, filed on July 7, 1950, a petition for Declaratory Judgment pursuant to Section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903. The action was abated as to the plaintiff Toy Hoy Sam, deceased.
Toy Teung Kwong was born in China on November 17, 1923. He is admittedly a
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