Bergmann

Appeal by Friedrich Walter Bergmann from a decree of the district court declaring null and void and cancelling a certificate of naturalization theretofore granted appellant upon the ground that the certificate was fraudulently obtained. The case was tried exclusively upon this issue of fraud.

The certificate of naturalization was granted under the Naturalization Law of 1906, 34 Stat. 596 , as amended. The action by the government to annul the decree and cancel the certificate was begun, the hearing thereon was held, and the judgment of cancellation and nullification was made and entered after the effective date of the Act of 1940. 8 U.S.C.A. § 738 . The fact that the naturalization judgment was made while the act of 1906 was effective and that its cancellation was ordered after the 1940 act had become effective is treated as of some importance in an amicus curiae brief. We dispose of the case without the necessity of considering the point made.

Appellant was born in Germany on March 6, 1893, and entered the United States in July, 1922. He filed his petition for naturalization November 5, 1936 and was admitted to citizenship April 9, 1937. On July 3, 1942, the District Attorney…