Quong Ngeung v. Dulles

SUGARMAN, District Judge.

Defendant, John Foster Dulles, as Secretary of State moves for an order under Fed.Rules Civ.Proc. rule 12(b) (6), 28 U.S.C.A., dismissing the complaint in an action commenced by plaintiffs under Section 503 of the Nationality Act1 to establish by declaratory judgment that plaintiff Louie Quong Sang is a citizen of the United States.

The complaint herein was filed on December 23, 1952 but no answer has been served, the defendant’s time to answer having been extended by stipulations.

In support of the motion, defendant claims that the complaint fails to state a claim…