Legal Opinion

Lehmann v. Acheson

Court of Appeals for the Third Circuit

Decided July 29, 1953No. 11035_1PublishedCited by 62 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

The question presented by this appeal is whether plaintiff below, Albert Hermann Lehmann, a native-born citizen of the Unitedt States, expatriated himself by reason of his conscription into a foreign army and incidental taking of an oath of allegiance to a foreign sovereign. 1

The District Court found as a fact 2 that expatriation had taken place. With respect to that finding it must immediately be noted that it was in the nature of an ultimate finding of fact and on that score it is well settled that such a finding is but a legal inference from other facts 3 and as…

2Cases cited30 opinions

  1. Schneiderman v. United StatesSupreme Court of the United States · 1943
  2. Baumgartner v. United StatesSupreme Court of the United States · 1944
  3. Perkins v. ElgSupreme Court of the United States · 1939
  4. Kawakita v. United StatesSupreme Court of the United States · 1952
  5. Dos Reis Ex Rel. Camara v. NicollsCourt of Appeals for the First Circuit · 1947

25 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  2. Nishikawa v. DullesSupreme Court of the United States · 1958
  3. Shultz v. Wheaton Glass Co.Court of Appeals for the Third Circuit · 1970
  4. Ann M. Boyd v. Marion B. Folsom, Secretary of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Third Circuit · 1958
  5. Nathan D. Goldberg and S. E. Wood, Jr. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1955

57 more not listed; retrieve them via the Exa API.

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