Orlassino v. Dulles

RAYFIEL, District Judge.

This action was brought under the Immigration and Nationality Act, 8 U.S. C.A. § 1503(a), and the Declaratory Judgments Act, 28 U.S.C. § 2201. The defendant moved, under Rule 4(d) (5) and Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C., to dismiss the amended complaint herein.

The facts, briefly, are as follows: The plaintiff was born in the United States on November 1,1905. He was taken to Italy in 1921, and in 1927 he was conscripted into the Italian Army. In 1929 the plaintiff, claiming to be a native born citizen, made application to the United…