United States v. Schuchhardt

DUFFY, District Judge.

This is an action pursuant to Sec. 338 of the Nationality Act of 1940, 8 U.S.C.A. § 738, for the purpose of setting aside the order admitting the defendant to citizenship, and of canceling his certificate of naturalization.

The matter now for disposition consists of two motions made by the defendant. The first motion is to dismiss the action for the reason that no supporting affidavit was filed with the petition and no copy of same was served upon the defendant, and on the further ground that the petition does not state facts sufficient to constitute a cause of action…