AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNITED STATES of America, Plaintiff, v. Gaetano LUCCHESE, etc., Defendant.

INCH, Chief Judge.

This is a motion by defendant for leave to reargue his motions to dismiss the complaint upon the ground that this denaturalization proceeding was not instituted upon the filing of an affidavit showing good cause therefor and, upon such reargument, for a dismissal of the complaint, on the authority of the decision in United States v. Zucca, 351 U.S. 91, 76 S.Ct. 671, 100 L.Ed. 964. In that case, the United States Supreme Court held that, in a denaturalization proceeding, such as the instant one, the filing of the affidavit showing good cause is a procedural prerequisite to the initiation and maintenance of the proceeding. Therefore, this motion is granted and, after such reargument, the complaint is dismissed, without prejudice to the government's right to institute a proceeding to denaturalize the defendant upon the filing of the required affidavit. United States v. Zucca, supra. Settle order.

Use AI to get other relevant cases.

Comments

UNITED STATES v. LUCCHESE, (E.D.N.Y. 1956)
(Jul 3, 1956)