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BELLEI v. RUSK

Civ. A. No. 3002-67.

296 F.Supp. 1247 (1969)

Aldo Mario BELLEI, Plaintiff, v. Dean RUSK, Secretary of State of the United States of America, Defendant.

United States District Court District of Columbia.

February 28, 1969.

Attorney(s) appearing for the Case

Milton P. Kroll and Michael I. Smith, Washington, D. C., for plaintiff; O. John Rogge, New York City, admitted pro hac vice, argued and was on brief.

David G. Bress, U. S. Atty., Joseph M. Hannon, and Gil Zimmerman, Asst. U. S. Attys., for defendant; Charles Gordon, Gen. Counsel, Immigration & Naturalization Service, argued and was on brief.

Before WRIGHT and LEVENTHAL, Circuit Judges, and SMITH, District Judge.

LEVENTHAL, Circuit Judge:

Plaintiff, Aldo Mario Bellei, is a citizen of the United States by virtue of section 301(a) (7) of the Immigration and Nationality Act of 1952. That section confers American citizenship on children born of at least one American parent, even though such child is born outside of the United States.1 Plaintiff brought this action against the Secretary of State to enjoin enforcement of section 301(b) of the 1952 Act...

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