Legal Opinion

Strupp v. Dulles

District Court, S.D. New York

Decided August 9, 1957PublishedCited by 3 opinions

1Opinion of the Court

PALMIERI, District Judge.

Plaintiff has instituted this action, pursuant to Section 360(a) of the Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1503(a)) and Section 10 of the Administrative Procedure Act (5 U.S.C.A. § 1009), for a declaratory judgment under the provisions of 28 U.S.C. § 2201, declaring him to be a national of the United States. Defendant has moved, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C. for an order dismissing the complaint, on the ground that it fails to state a claim against the defendant upon which relief can be granted and upon…

2Cases cited6 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. Correia v. DullesDistrict Court, D. Rhode Island · 1954
  4. Jolanda Ferretti v. John Foster Dulles, as Secretary of State, and Edward Shaughnessy, as District DirectorCourt of Appeals for the Second Circuit · 1957
  5. Correia v. DullesDistrict Court, D. Rhode Island · 1955

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3Cited by3 opinions

  1. Edmondson v. Allen-Russell Ford, Inc.Court of Appeals for the Fifth Circuit · 1978
  2. Rosasco v. BrownellDistrict Court, E.D. New York · 1958
  3. Mandell Shimberg, Jr. And Elaine F. Shimberg v. United StatesCourt of Appeals for the Fifth Circuit · 1978

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