Wong Gong Fay v. Herbert W. Brownell, Jr., Attorney General of the United States

STEPHENS, Circuit Judge.

Appellant, Wong Gong Fay, in October, 1951, brought an action in the District Court seeking a judgment declaring him to be a national of the United States. Upon trial the District Court denied plaintiff-appellant relief upon grounds that this court, following its own cases of Ly Shew v. Dulles, 9 Cir., 219 F.2d 413, and Chow Sing v. Brownell, 9 Cir., 217 F.2d 140, held to be not the correct standard of proof. We, therefore, vacated the judgment “with directions to make findings as to whether Wong Hie is the father of Wong Gong Fay, such findings to be made in the light…