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CORT v. HERTER

Civ. A. No. 868-60.

187 F.Supp. 683 (1960)

Joseph Henry CORT, Plaintiff, v. Christian A. HERTER, Secretary of State, Defendant.

United States District Court District of Columbia.

October 11, 1960.

Attorney(s) appearing for the Case

Leonard B. Boudin, New York City, and David Rein, Washington, D. C., for plaintiff.

Oliver Gasch, U. S. Atty., Edward P. Troxell, Principal Asst. U. S. Atty., John F. Doyle and Harold D. Rhynedance, Jr., Asst. U. S. Attys., Washington, D. C., for defendant.

Before EDGERTON, Circuit Judge, and TAMM and MATTHEWS, District Judges.

MATTHEWS, District Judge.

The plaintiff, a citizen of the United States by birth, has been declared to have lost his American citizenship by reason of remaining outside the United States for the purpose of avoiding training and service in the armed forces of this country. He has been refused a passport on which to return from abroad. He denies the purpose attributed to him and also challenges the validity of the law under which his loss of citizenship was declared...

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