Dulles

Ma Chuck Moon v. Dulles

Good Law
237 F.2d 241
United States Court of Appeals for the Ninth CircuitOctober 1, 1956No. 15041California976 words

Opinion

Lead Opinion

Orr, J.

Ma Tarn Sun, a citizen of the United States, alleging that he was the father of Ma Chuck Moon, Ma Chuck Woon, and Ma Chuck Wun, brought an action in their behalf in Septembér, 1952, in the District Court of the United States for the Western District of Washington, for a declaratory judgment fixing the status of said Moon, Woon, and Wun as sons of a citizen of the United States.

In order to permit the proper presentation of the said declaratory judgment action, the said alleged sons were permitted to enter the United States under a certificate of identity issued by the American consul in Hong Kong.

Pursuant to a pretrial .conference the issues were confined to the question of the authenticity of the claim of blood relationship of the plaintiffs in the trial •court. A trial was had at the conclusion •of which the trial court found that the plaintiffs had failed to .présent evidence •of sufficient weight and credibility to meet the burden of proof required. In weighing the credibility of Moon and Woon the court took into account the fact that they perjuréd themselves in connection with alleged statements made by them under oath before the American ■consul in Hong Kong and the…

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