Beltran
Beltran v. Brownell
Opinion
lead Opinion
Mathes, J.
This cause having come before the court for hearing on motion of defendant, filed February 19, 1954, to dismiss the action, and the motion having been’ *836 argued and submitted for decision; and it appearing to the court:
(1) that plaintiff sues “for declaration of United States nationality and for declaratory relief” seeking a judgment “declaring him to be a citizen and national of the United States”;
(2) that plaintiff invokes the jurisdiction of this court “under the provisions of section 2201, Title 28, U.S.C.A. and under section 360(a) of Public Law No. 414, 66 Stat. 273” [ 8 U.S.C.A. § 1503 ];
(3) that 28 U.S.C. § 2201 authorizing declaratory judgments does not confer any added jurisdiction upon the federal courts but merely enlarges the “range of remedies available”, Skelly Oil Co. v. Phillips Co., 1950, 339 U.S. 667, 671 , 70 S.Ct. 876, 879 , 94 L.Ed. 1194 ; Southern Pac. Co. v. McAdoo, 9 Cir., 1936, 82 F.2d 121 ;
(4) that although “Herbert Brownell, Attorney General of the United States” is the defendant named, the action is in legal effect one against the Government, Larson v. Domestic & Foreign Corp., 1949, 337 U.S. 682 , 69 S.Ct. 1457 , 93 L.Ed. 1628 ; cf.…