United States v. Gaetano Lucchese, Also Known as Thomas Luckese, Also Known as Thomas Lucase, Also Known as Thomas Arra, Also Known as Thomas Luchese

LUMBARD, Circuit Judge.

This is a denaturalization action brought under § 338(a) of the Nationality Act of 1940, 54 Stat. 1158,1 later *125amended by 66 Stat. 239 (1952), 8 U.S.C.A. § 1451(a), in which the government appeals from an order dismissing its complaint for failure to file an affidavit of good cause at the commencement of the proceeding. The District Court held that filing the affidavit after the complaint did not comply with the statutory requirement. On the authority of United States v. Matles, 2 Cir., 247 F.2d 378, we reverse.

Lucchese was naturalized in 1943. Prior to this, in 1941,…