Civ. A. No. 2613-49. June 18, 1951. Jack Wasserman, of Washington, D.C., for plaintiff. George Morris Fay, U.S. Atty. and Ross O'Donoghue, Asst. U.S. Atty., both of Washington, D.C., for defendant. HOLTZOFF, District Judge. This is an action against the Secretary of State to procure a judgment declaring the plaintiff to be a citizen of the United States. The action is brought under 8 U.S.C.A. § 903, the pertinent provisions of which are as follows: "If any person who claims a right or privilege as
No. 12341. Argued March 17, 1958. Decided April 11, 1958. Samuel Kagle, Philadelphia, Pa., for appellant. Bernard F. Sheran, Asst. U.S. Atty., Philadelphia, Pa. (Harold K. Wood, U.S. Atty., Philadelphia, Pa., on the brief), for appellee. Before GOODRICH, STALEY and HASTIE, Circuit Judges. HASTIE, Circuit Judge. The Department of State having certified that, by operation of Section 401(b) of the Nationality Act of 1940, 54 Stat. 1168, 8 U.S.C. 1946 ed. § 801(b), Joseph Jalbuena had lost his birthright