Edward L. Scharf in Behalf of Laura Patricia Scharf, a Minor v. United States Attorney General

Laura Patricia Scharf appeals from a district court order of summary judgment for the Government in an action she commenced for declaration of United States citizenship. 8 U.S.C. § 1503 (a) and 28 U.S.C. § 2201 . We determine that summary judgment was not proper, and we reverse.

Scharf brought an action for declaratory judgment of citizenship under Section 360 of the Immigration and Nationality Act of 1952. 8 U.S.C. § 1503 (a). The complaint alleges that Scharf, who was born in Mexico, is entitled to a declaration of United States citizenship as the natural child of Edward L. Scharf, a native of California. Ramona Diaz, a Mexican citizen, was named as appellant’s mother. The only issue is whether Edward is Laura’s father.

The Government sought discovery under Fed.R.Civ.P. 35(a) of the blood groups of Laura, her natural mother and her putative father. The district court granted the motion and ordered Laura, Edward, and Ramona to submit to blood group testing. On completion of the tests, the Government moved for summary judgment. It supported the motion with the affidavit of the pathologist who had performed the test. The pathologist concluded from the test results that Edward was…