David Kletter v. Christian A. Herter, Secretary of State

D.C. Circuit

David Kletter v. Christian A. Herter, Secretary of State

268 F.2d 582, 106 U.S. App. D.C. 6, 1959 U.S. App. LEXIS 3745

CourtCourt of Appeals for the D.C. Circuit

DecidedJune 4, 1959

Docket11974_1

StatusPublished

Cited by1 cases

This text of 268 F.2d 582 (David Kletter v. Christian A. Herter, Secretary of State) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David Kletter v. Christian A. Herter, Secretary of State, 268 F.2d 582, 106 U.S. App. D.C. 6, 1959 U.S. App. LEXIS 3745 (D.C. Cir. 1959).

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Opinion

PER CURIAM.

This is an appeal from a judgment of the District Court, denying plaintiff-appellant’s prayer for a decree declaring him to be an American citizen. The facts and issues are set forth in detail in the opinion of Judge Morris, reported at 1953, 111 F.Supp. 593. 1 After considering the contentions advanced, it is clear to us that appellant has never been an American citizen. See, in addition to the authorities cited in 111 F.Supp. at 597, the legislative history of Section 5 of the Act of March 2, 1907, ch. 2534, 34 Stat. 1229, * the statutory provision relied on by appellant. H.R.Doe. No. 326, 59th Cong., 2d Sess. 33, 35 (1906); see also H.R.Rep. No. 1110, 67th Cong., 2d Sess. 2, 3 (1922). The judgment of the District Court must therefore be Affirmed.

1

. The reasons for the delay in bringing on the appeal need not be recited here. We note, however, that appellant does not appear to have been personally neglectful of the appeal, nor has his present attorney — one of several retained from time to time by appellant — been dilatory.

*

Now 8 U.S.C.A. § 1432.

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PER CURIAM.

This is an appeal from a judgment of the District Court, denying plaintiff-appellant’s prayer for a decree declaring him to be an American citizen. The facts and issues are set forth in detail in the opinion of Judge Morris, reported at 1953, 111 F.Supp. 593. 1 After considering the contentions advanced, it is clear to us that appellant has never been an American citizen. See, in addition to the authorities cited in 111 F.Supp. at 597, the legislative history of Section 5 of the Act of March 2, 1907, ch. 2534, 34 Stat. 1229, * the statutory provision relied on by appellant. H.R.Doe. No. 326, 59th Cong., 2d Sess. 33, 35 (1906); see also H.R.Rep. No. 1110, 67th Cong., 2d Sess. 2, 3 (1922). The judgment of the District Court must therefore be Affirmed.

1

. The reasons for the delay in bringing on the appeal need not be recited here. We note, however, that appellant does not appear to have been personally neglectful of the appeal, nor has his present attorney — one of several retained from time to time by appellant — been dilatory.

*

Now 8 U.S.C.A. § 1432.

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268 F.2d 582, 106 U.S. App. D.C. 6, 1959 U.S. App. LEXIS 3745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-kletter-v-christian-a-herter-secretary-of-state-cadc-1959.

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