Lew Wah Fook, as Guardian Ad Litem for Lew Suey Yet, Also Known as Lew Thew Yut v. Herbert Brownell, Jr., as Attorney General of the United States

Lew Wah Fook, guardian ad litem for Lew Suey Yet, also known as Lew Thew Yut, brings this action under § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , to have it declared by the District Court that the ward is a citizen of the United States. The guardian and the ward both claim the guardian, a citizen of the United States, is the natural father of the ward.

The trial court found contrary to the claim and the only point on appeal is that the evidence not only does not support the judgment but requires just the opposite finding.

So far as we have seen, this is the plainest of cases in which we are asked to retry the facts. Appellant asks us to apply the doctrine of the case of United States v. United States Gypsum Co., 333 U.S. 364 -395, 68 S.Ct. 525, 542 , 92 L.Ed. 746 , wherein it is held, “Since judicial review of findings of trial courts does not have the statutory or constitutional limitations of findings by administrative agencies or by a jury, this Court (Supreme Court and this court too, of course) may reverse findings of fact by a trial court where ‘clearly erroneous.’ * * * A finding is ‘clearly erroneous’ when although there is evidence to support it, the…