Legal Opinion

Hitaka Suda v. John Foster Dulles, Secretary of State of the United States

Court of Appeals for the Ninth Circuit

Decided July 14, 1955No. 14461_1PublishedCited by 3 opinions

1Opinion of the Court

DENMAN, Chief Judge.

Suda, alleging he is an American bom citizen of the United States, appeals from a decision dismissing his amended complaint seeking under 8 U.S.C., § 903, to establish that he is such a citizen.

The amended complaint was filed after the Immigration and Nationality Act, 66 Stat. 280, 8 U.S.C.A. § 1101 et seq., became effective on December 24, 1952. Of this we have held in Fujii v. Dulles, 9 Cir., 224 F.2d 906, that the amended complaint shall be deemed as filed as of the date of filing of the original complaint.

The pertinent portion of the amended complaint is as follows:

“On…

2Cases cited4 opinions

  1. United States v. MenascheSupreme Court of the United States · 1955
  2. Schneiderman v. United StatesSupreme Court of the United States · 1943
  3. United States v. ManziSupreme Court of the United States · 1928
  4. Junso Fujii v. John Foster Dulles, Secretary of State of the United StatesCourt of Appeals for the Ninth Circuit · 1955

3Cited by3 opinions

  1. Jolanda Ferretti v. John Foster Dulles, as Secretary of State, and Edward Shaughnessy, as District DirectorCourt of Appeals for the Second Circuit · 1957
  2. Rosasco v. BrownellDistrict Court, E.D. New York · 1958
  3. Kum Chor Chee v. KatzenbachDistrict Court, D. Hawaii · 1966

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