United Sates ex rel. Gregoire v. Watkins

SWAN, Circuit Judge.

This appeal raises two questions: (1) whether the district court erred in granting the relator a hearing in view of previous habeas corpus proceedings, and (2) whether the relator is a “native” of Germany within the meaning of the Alien Enemy Act, 50 U.S.C.A. § 21. The relevant facts are not in dispute.

The relator is a descendant of an old French family which had resided in the Province of Lorraine for many generations. He was born at Metz in that province in 1894. By the Treaty of Versailles Lorraine was restored to France as of November 11, 1918 and the relator became a…