163 F.2d 347 (2nd Cir. 1947), 282, United States v. Borchers

Docket Nº:282-284, Dockets 20648-20650.
Citation:163 F.2d 347
Party Name:UNITED STATES v. BORCHERS. SAME v. FENTZKE. SAME v. KNUPFER.
Case Date:July 28, 1947
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 347

163 F.2d 347 (2nd Cir. 1947)

UNITED STATES

v.

BORCHERS.

SAME

v.

FENTZKE.

SAME

v.

KNUPFER.

Nos. 282-284, Dockets 20648-20650.

United States Court of Appeals, Second Circuit.

July 28, 1947

Page 348

George C. Dix, of New York City (David S. Kumble, of New York City, of counsel), for defendants-appellants.

J. Vincent Keogh, U.S. Atty., of Brooklyn, N.Y. (Mario Pittoni, Asst. U.S. Atty., of Brooklyn, N.Y., of counsel), for plaintiff-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The present appeals mark the fourth time that defendants Borchers and Fentzke, and the fifth time that Knupfer have attempted to challenge judgments of denaturalization entered against them by default in 1943. All three defendants were native-born Germans, became citizens of this country by naturalization in 1930, and were tried and convicted in 1942 in the United States District Court for the Southern District of New York of engaging in a conspiracy to violate the Selective Training & Service Act, 50 U.S.C.A.Appendix, 301 et seq. In 1943, while imprisoned under that conviction, they were individually served with summons and complaints by the United States in order to denaturalize them. Knupfer, as we have related in a previous decision- United States ex rel. Knupfer v. Watkins, 2 Cir., 159 F.2d 675- filed an answer, but before trial, withdrew his answer and 'demanded' cancellation of his citizenship. Borchers and Fentzke filed no formal answers, but wrote letters to the United States Attorney declaring that they thereby renounced their citizenship, but denying the allegations of the complaint. Thereafter, on June 17, 1943, decrees of denaturalization were entered against Borchers and Fentzke; and on September 14, 1943, a similar decree was entered against Knupfer. No notice of application for judgment was given by the United States Attorney to any of the defendants.

Page 349

On June 11, 1945, the conviction of conspiracy to violate the Selective Service Act was reversed by the Supreme Court. Keegan v. United States, 325 U.S. 478, 65 S.Ct. 1203, 89 L.Ed. 1745. All of the defendants in the present case joined in three separate attempts by motions in the Eastern District, in July and September, 1945, to challenge the default decrees. These motions included a bill of review under Rule 60(b) of the...

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