States v. Jerome

WEINFELD, District Judge.

The defendants in these actions to revoke citizenship for concealment of material facts and wilful misrepresentation move to vacate notices to take their depositions served by the Government pursuant to Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Their contention, based upon Bindczyck v. Finucane, 1951, 342 U.S. 76, 72 S.Ct. 130, 96 L.Ed. 100, is that the statute governing cancellation of naturalization is a self-contained exclusive procedure and consequently that the Federal Rules of Civil Procedure are not applicable to this case. The petitioners…