LEM v. ROGERS

Civ. 19997.

180 F.Supp. 445 (1959)

Arthur LEM, Plaintiff, v. William P. ROGERS, as Attorney General of the United States, Cornelius W. Wickersham, Jr., as United States Attorney, Eastern District of New York, and P. A. Esperdy, District Director Immigration and Naturalization Service, Defendants.

United States District Court E. D. New York.

November 2, 1959.


Attorney(s) appearing for the Case

Steinberg, Friedman & Blau, New York City, for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., E. D. of New York, Brooklyn, N. Y., for the United States.

Margaret E. Millus, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.


BRUCHHAUSEN, Chief Judge.

Motion for dismissal of the complaint upon the grounds of lack of jurisdiction over the subject matter and failure to state a legal claim.

While the complaint is verbose, the claim therein can be simply stated. The plaintiff alleges that he is a citizen of the United States by virtue of a certificate of derivative citizenship, issued to him by the Commissioner of Immigration and Naturalization, pursuant to statute; that an indictment...

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