Tom Wing Po v. Acheson, Secretary of State

The appellant, Tom Wing Po, by his next friend, Tom Kum Woo, brought this action against Dean Acheson, then Secretary of State, under Section 503 of the Nationality Act of 1940, 54 Stat. 1171, 1172, 8 U.S.C. § 903 [1952 Revision, Immigration and Nationality Act, § 1503] for a judgment declaring the appellant to be a national of the United States. The trial court sustained a motion to dismiss the action on the grounds that Dean Acheson having ceased to be Secretary of State, and his successor, John Foster Dulles, not having been substituted within six months of the date of Acheson’s…