Baumgartner v. United States

RIDDICK, Circuit Judge.

This is an appeal from a judgment of a federal district court setting aside a previous order of the court admitting the appellant, Carl Wilhelm Baumgartner, to citizenship, and cancelling his certificate of naturalization. The action is brought under the Nationality Act of 1940, 54 Stat. 1137, 1158, 8 U.S.C.A. .§: 738. The allega, tions of the complaint are that, at the time he took the oath of allegiance to this country, the appellant reserved his- allegiance to the country of his birth, the German Reich, and did not in good faith renounce that allegiance nor assume,…