United States v. Tedesco

HULBERT, District Judge.

Respondent moves under Rule 12 (f), Federal Rules of Civil Procedure, 28 U.S.C. A. following section 723c, to strike certain allegations from the complaint on the ground they are immaterial and prejudicial.

The action was instituted June 9, 1938 by the Government to set aside and cancel the certificate of citizenship issued to respondent on August 12, 1926 on the ground that said naturalization was fraudulently and illegally procured. Service was not made until Dec. 8, 1939 and respondent has not yet served his answer.

The portion of the complaint objected to consists of…