Legal Opinion
Lue Chow Kon v. Brownell
Court of Appeals for the Second Circuit
Decided March 10, 1955No. Nos. 227-229, Dockets 23353-23355PublishedCited by 8 opinions
1Opinion of the Court
SMITH, District Judge.
These are appeals from dismissal of declaratory judgment actions brought on behalf of three claimed sons of an American citizen under Section 503 of the Nationality Act of 1940, 8 U.S.C. § 903, now 8 U.S.C. § 1503.
Judge I. R. Kaufman held that appellants’ testimony was not credible and that they had failed to sustain the burden of proof. D.C.S.D.N.Y., 122 F.Supp. 370.
Since the testimony of witnesses in open court before the trier was contradictory and held not credible by him, we cannot hold that the finding that they had failed to sustain the burden of proof was clearly…
2Cases cited4 opinions
- Beach v. BeachCourt of Appeals for the D.C. Circuit · 1940
- Ly Shew, as Guardian Ad Litem of Ly Moon and Ly Sue Ning v. John Foster Dulles, as Secretary of State of the United StatesCourt of Appeals for the Ninth Circuit · 1955
- Ly Shew v. AchesonDistrict Court, N.D. California · 1953
- Lue Chow Kon v. BrownellDistrict Court, S.D. New York · 1954
3Cited by8 opinions
- Escaler v. US CITIZENSHIP AND IMMIGRATION SERVS.Court of Appeals for the Second Circuit · 2009
- Harris v. ThigpenDistrict Court, M.D. Alabama · 1990
- Joanne Theresa Altvater v. Edward L. BattoclettiCourt of Appeals for the Fourth Circuit · 1962
- Jew Jock Koon ex rel. Jew Wing Sang v. DullesDistrict Court, S.D. Texas · 1955
- Chen Wing Gwong ex rel. Chin Bark Keung v. DullesDistrict Court, D. Rhode Island · 1956
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