Jost v. Acheson

McGOHEY, District Judge.

The plaintiff, a native born citizen of the United States, having been declared to have expatriated himself by allegedly taking an oath of allegiance to the German Government, brings this suit pursuant to 8 U.S.C. § 903 for a judgment declaring him to be a national of the United States. The case was tried to the Court alone.

The complaint is dismissed as to the defendant McGrath because no evidence whatever was introduced that he or the Department of Justice at any time denied to the plaintiff “any right or privilege” within the meaning of the statute.

The complaint is…