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UNITED STATES v. LUCCHESE

No. 57.

365 U.S. 290 (1961)

81 S.Ct. 565

5 L.Ed.2d 568

UNITED STATES v. LUCCHESE, ALIAS LUCKESE, ALIAS LUCASE, ALIAS ARRA, ALIAS LUCHESE.

Supreme Court of United States.

Decided February 20, 1961.

Attorney(s) appearing for the Case

Wayne G. Barnett argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Wilkey, Beatrice Rosenberg and Eugene L. Grimm.

Richard J. Burke argued the cause for respondent. With him on the brief was Myron L. Shapiro.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

This denaturalization proceeding was brought in the District Court for the Eastern District of New York under § 338 (a) of the Nationality Act of 1940. 8 U. S. C. (1946 ed.) § 738. The "good cause" affidavit was not filed with the complaint. The District Court dismissed the complaint following our decision in United States v. Zucca, 351 U.S. 91, "without...

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