David Kletter v. Christian A. Herter, Secretary of State

This is an appeal from a judgment of the District Court, denying plaintiff-appellant’s prayer for a decree declaring him to be an American citizen. The facts and issues are set forth in detail in the opinion of Judge Morris, reported at 1953, 111 F.Supp. 593. 1 After considering the contentions advanced, it is clear to us that appellant has never been an American citizen. See, in addition to the authorities cited in 111 F.Supp. at 597, the legislative history of Section 5 of the Act of March 2, 1907, ch. 2534, 34 Stat. 1229, * the statutory provision relied on by appellant. H.R.Doe. No. 326,…