Lew Thun v. McGrath
District Court, S.D. New York
1Opinion of the Court
DAWSON, District Judge.
This is a motion by defendant to dismiss the action on the ground that plaintiff has not substituted Herbert Brown-ell, Jr. as the proper party defendant as required by Rule 25(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A.*
*353This action was brought under Section 503 of the Nationality Act of 1940, 54 Stat. 1137, 1171, Title 8 U.S.C.A. § 903,1 for a judgment declaring plaintiff to be a citizen of the United States. It was commenced on June 23, 1950, and the then Attorney General of the United States, J. Howard McGrath, was named as the party defendant. Before…
2Cases cited9 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Warner Valley Stock Co. v. SmithSupreme Court of the United States · 1897
- United States v. BoutwellSupreme Court of the United States · 1873
- Secretary v. McGarrahanSupreme Court of the United States · 1870
- United States Ex Rel. Bernardin v. ButterworthSupreme Court of the United States · 1898
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3Cited by5 opinions
- Poindexter v. FolsomCourt of Appeals for the Third Circuit · 1957
- Reyes v. NeellyCourt of Appeals for the Fifth Circuit · 1959
- Poindexter v. FolsomCourt of Appeals for the Third Circuit · 1957
- Rosasco v. BrownellDistrict Court, E.D. New York · 1958
- Reyes ex rel. Martinez v. NeeleyCourt of Appeals for the Fifth Circuit · 1959