United States v. Frank Costello

SWAN, Circuit Judge.

The appellant, Frank Costello, was admitted to citizenship by an order of the United States District Court for the Southern District of New York, on September 10, 1925. On October 22, 1952, the United States Attorney filed in the District Court a petition to cancel his naturalization on the ground of illegality and fraud in its procurement. In the course of this proceeding the defendant refused to obey an order of the court directing him to answer certain questions propounded at his examination before trial. Thereupon the United States moved, pursuant to Rule 37(b) (2)…