Lee Dong Sep, an Infant, by Lee Lem Kwong, His Next Best Friend v. John Foster Dulles, Secretary of State of the United States

SMITH, District Judge.

This is an appeal from a judgment of the United States District Court for the Southern District of New York, (Noonan, D. J.) dismissing, with prejudice, the appellant’s complaint in this action brought on December 29, 1949 pursuant to Section 503 of the Nationality Act of 1940; Title 8, U.S.C. § 903, now 8 U.S.C.A. § 1503, for a declaratory judgment declaring him to be a national and citizen of the United States.

Appellant attacks Judge Noonan’s conclusion that he had failed to prove by credible evidence that he is the son of Lee Lem Kwong, admittedly a citizen, and Lee…