Albert L. Trop v. John Foster Dulles, as Secretary of State of the United States, and United States Department of State

HAND, Circuit Judge.

The plaintiff appeals from a judgment, summarily dismissing his complaint in an action under § 1503(a) of Title 8 U.S.C.A., for a judgment declaring him to be “a national of the United States.” He is a native citizen, who was serving in 1944 in the United States Army in French Morocco; and the only question is whether he lost his “nationality” because he was convicted by the judgment of a court-martial of desertion “in time of war.” The sentence of the court was that he was “to be dishonorably discharged from the service, to forfeit all pay and allowances due and to become…