Gee Chee on v. Herbert Brownell, Jr., Attorney General of the United States of America

RIVES, Circuit Judge.

This action for a declaratory judgment of citizenship was instituted under Section 503 of the Nationality Act of 1940. 1 It was first filed in the District Court for the District of Columbia on December 15, 1950. The issue was limited by pretrial proceedings to a question of the relationship between appellant and Gee Sing Suey. On February 8, 1954 it was transferred to the Southern District of Texas.

The questions involved are argued by the parties under three points: (1) whether the question of the legitimacy of appellant’s birth was before the district court and, if it…