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UNITED STATES v. COLLINS

131 F.Supp. 545 (1955)

UNITED STATES of America, Plaintiff, v. Charles Augustine COLLINS, Defendant.

United States District Court S. D. New York.

January 4, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty. for Southern Dist. of N. Y., New York City, for plaintiff (George C. Mantzoros, New York City, of counsel).

Blanch Freedman & Gloria Agrin, New York City, for defendant.

THOMAS F. MURPHY, District Judge.

These motions, one of them to dismiss the complaint under Rule 12, Fed.Rules Civ.Proc., 28 U.S.C.A. and the other to vacate a notice to take defendant's deposition under Rule 30(b), again raise the much bruited question whether the complaint in an action for cancellation of naturalization under Section 340(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1451(a), must be supported by an affidavit of good cause...

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