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UNITED STATES v. COSTELLO

144 F.Supp. 779 (1956)

UNITED STATES of America, Plaintiff, v. Frank COSTELLO, Defendant.

United States District Court S. D. New York.

September 26, 1956.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., for the Southern Dist., of N. Y., New York City, for United States, Alfred P. O'Hara, Earl J. McHugh and Edwin J. Wesely, Asst. U. S. Attys., New York City, of counsel.

Hays, St. John, Abramson & Heilbron, New York City, Edward Bennett Williams, Washington, D. C., for defendant, Robert Cole, New York City, of counsel.

PALMIERI, District Judge.

I am called upon to decide whether the Government may call the defendant as a witness against himself in an action to denaturalize him.

The defendant was naturalized by an order of this court on September 10, 1925. On October 22, 1952, the United States Attorney filed a petition to cancel his naturalization on the ground of illegality and fraud in its procurement in violation of the Nationality Act of 1906, June 29, 1906, c. 3592...

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