United States v. Costello

McGOHEY, District Judge.

In a suit brought under the Nationality Act of 19401 to cancel the defendant’s naturalization which occurred on September 10, 1925, the Government moves under Rule 37(b) (2) (iii) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to strike the defendant’s answer and for judgment by default because the defendant, after being ordered by the Court to do so, refused to answer certain questions on his oral examination before trial. The refusal in each instance was based on a claim of privilege against self-incrimination under the *429Fifth Amendment of the United States…