John Foster Dulles, Secretary of State v. Marietta Grazzia Carmela Iavarone

FAHY, Circuit Judge.

The Secretary of State appeals from an order of the District Court, 113 F.Supp. 932, declaring appellee, plaintiff in that court, 1 to be a citizen of the United States. The order was entered on her motion under the summary judgment procedure of Rule 56, Fed.Rules Civ.Proc. 28 U.S.C.A.

Appellee’s complaint was filed April 8, 1952. It alleges, and this is undisputed, that she was born in the Borough of Manhattan, New York, New York, February 1, 1922. During the proceedings in the District Court it also became undisputed that appellee’s father acquired citizenship of the…