Florentine

This case presents a fine question in the law of pleading, and, apparently, one of first impression although there are many analogous cases. On December 9, 1952, the petitioner filed his original petition under section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , naming H. R. Landon, the local District Director of Immigration and Naturalization, as respondent. Florentine alleged that he is a citizen and national of the United States and prayed for a declaratory judgment adjudging and declaring him to be a citizen.

Section 503 was repealed on June 27, 1952, c. 477, Title IV, § 403(a) (42), 66 Stat. 280 , and the expiration date of this section was set as December 24, 1952.

The original petition filed on December 9, 1952, naming only H. R. Landon, did not name the “head of the department” as required by section 503. On March 10, 1953, the respondent, Landon, filed a motion to dismiss for lack of jurisdiction over the subject matter, failure to state a claim upon which relief can be granted, and failure to join an indispensable party. On April 9, 1953, before a hearing was had on said motion and after the expiration of section 503, the petitioner filed an amended petition…