Law Don Shew v. John Foster Dulles, as Secretary of State of the United States

Good Law
217 F.2d 146·1954 U.S. App. LEXIS 3944
United States Court of Appeals for the Ninth CircuitNovember 24, 195413762_1California815 words

Opinion

Opinion

Mathews, J.

On April 7, 1952, in the United States District Court for the Southern District of California, appellant, Law Don Shew, instituted an action against Dean Acheson, as Secretary of State of the United States, **for a judgment declaring appellant to be a national of the United States. The Secretary answered the complaint, a trial was had, findings of fact and conclusions of law were stated, and a judgment was entered adjudging that appel lant was not a national of the United States. This appeal is from that judgment.

The action was under 8 U.S.C.A. § 903 , which provided: “If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of…

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