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CAPETAN v. BROWNELL

Civ. No. 16274.

148 F.Supp. 519 (1957)

John CAPETAN, also known as John Capetanakis, Plaintiff, v. Herbert BROWNELL, Jr., Attorney General of the United States, and Edward J. Shaughnessy, District Director of Immigration and Naturalization, New York District, Defendants.

United States District Court E. D. New York.

February 1, 1957.

Attorney(s) appearing for the Case

Leo E. Ypsilanti, New York City, for plaintiff. Edward Kroin, New York City, of counsel.

Leonard P. Moore, U. S. Atty., E. D. New York, Brooklyn, N. Y., for defendants. Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

BRUCHHAUSEN, District Judge.

The plaintiff claims derivative citizenship through his father, who admittedly was naturalized by court order, dated April 9, 1904.

The defendant contends that the father's citizenship was revoked by an order of the same court, dated June 2, 1906.

It is not disputed that the said order was duly entered but the plaintiff asserts that the order was defective and does not mention revocation.

The principal issue concerns...

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