United States v. Lucchese

E.D. New York

United States v. Lucchese

149 F. Supp. 952, 1956 U.S. Dist. LEXIS 2314

CourtDistrict Court, E.D. New York

DecidedJuly 3, 1956

DocketCiv. No. 13052

StatusPublished

Cited by4 cases

This text of 149 F. Supp. 952 (United States v. Lucchese) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Lucchese, 149 F. Supp. 952, 1956 U.S. Dist. LEXIS 2314 (E.D.N.Y. 1956).

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Opinion

INCH, Chief Judge.

This is a motion by defendant for leave to reargue his motions to dismiss, the complaint upon the ground that thisdenaturalization proceeding was not instituted upon the filing of an affidavit: showing good cause therefor and, upon such reargument, for a dismissal of the' complaint, on the authority of the decision in United States v. Zucca, 351 U.S. 91, 76 S.Ct. 671, 100 L.Ed. 964. In that, case, the United States Supreme Court, held that, in a denaturalization proceeding, such as the instant one, the filing-of the affidavit showing good cause is a. procedural prerequisite to the initiation, and maintenance of the proceeding.. Therefore, this motion is granted and,, after such reargument, the complaint is-dismissed, without prejudice to the government’s right to institute a proceeding to denaturalize the defendant upon, the filing of the required affidavit. United States v. Zucca, supra. Settle order.

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INCH, Chief Judge.

This is a motion by defendant for leave to reargue his motions to dismiss, the complaint upon the ground that thisdenaturalization proceeding was not instituted upon the filing of an affidavit: showing good cause therefor and, upon such reargument, for a dismissal of the' complaint, on the authority of the decision in United States v. Zucca, 351 U.S. 91, 76 S.Ct. 671, 100 L.Ed. 964. In that, case, the United States Supreme Court, held that, in a denaturalization proceeding, such as the instant one, the filing-of the affidavit showing good cause is a. procedural prerequisite to the initiation, and maintenance of the proceeding.. Therefore, this motion is granted and,, after such reargument, the complaint is-dismissed, without prejudice to the government’s right to institute a proceeding to denaturalize the defendant upon, the filing of the required affidavit. United States v. Zucca, supra. Settle order.

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242 F.2d 888 (Second Circuit, 1957)

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242 F.2d 888 (Second Circuit, 1957)

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Bluebook (online)

149 F. Supp. 952, 1956 U.S. Dist. LEXIS 2314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lucchese-nyed-1956.

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