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SANDERS v. CLARK

August 9, 1949

SANDERS
v.
CLARK, Attorney General, et al.



The opinion of the court was delivered by: FOLLMER

Plaintiff herein filed a bill of complaint asking,-

1. That a preliminary injunction be issued and made permanent after hearing, enjoining the defendant Watson K. Miller, Commissioner of Immigration and Naturalization, his deputies, agents or subordinates, and Karl I. Zimmerman, District Director for District No. 2 at Philadelphia, from prosecuting any proceeding for the removal or deportation of the said Hans Hermann Sanders from the United States, or from otherwise interfering with him or molesting him.

 2. That a declaratory judgment be entered declaring Hans Hermann Sanders, the plaintiff above named, to be a citizen of the United States entitled to all the rights and privileges of such citizenship.

 Defendants moved to dismiss the complaint on the ground that it fails to state a claim against defendants upon which relief can be granted. That motion came on for argument before, and was dismissed by Judge McGranery in a very carefully considered and thoroughly logical and convincing opinion *fn1" in which the facts of the case were fully set forth, and all of which I herein adopt.

 Paragraph 5 of the complaint avers as follows:

 'Upon motion for a Bill of Particulars filed July 7, 1942, Petitioner in said proceedings filed in answer thereto as its allegations in support of the charge of fraud the following:

 "Bill of Particulars

 "1. He, the respondent, became an American citizen solely for the purpose of social and business convenience.

 "2. He, the respondent, continued to maintain his allegiance to Germany, his former country, in that,

 "(a) Respondent continued to identify himself and the members of his family as Germans;

 "(b) Respondent desired and still desires to repatriate himself as a German and to reacquire his former German citizenship

 "(c) Respondent assisted his son in reacquiring German citizenship.

 "(d) Respondent has on many occasions shown by his statements and by his actions his attachment to the German state, to Adolph (sic) Hitler, and to the principles of Naxism (sic) and Fascism;

 "(e) Respondent has expressed his desire for a speedy Germany victory in the current war."

 Supplementing the facts set forth in the opinion of Judge McGranery above referred to, from the trial of the case before me, ...


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