United States v. Shaughnessy

Citation175 F.2d 211
Decision Date16 June 1949
Docket NumberNo. 273,Docket 21361.,273
PartiesUNITED STATES ex rel. AIGNER et al. v. SHAUGHNESSY.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

George C. Dix and David S. Kumble, New York City, for relators-appellants.

John F. X. McGohey, United States Attorney for the Southern District of New York, New York City (Harold J. Raby, Assistant U. S. Attorney, New York City, of counsel), for respondent.

Before CHASE, CLARK and DOBIE, Circuit Judges.

CHASE, Circuit Judge.

This appeal is by five native Germans who were naturalized citizens of the United States but were denaturalized, thereafter interned in this country as enemy aliens, and later ordered removed to Germany pursuant to the provisions of 50 U.S.C.A. § 21, and the Proclamation of the President, No. 2655, 59 Stat. Part 2, 870. It is from an order dismissing a writ of habeas corpus which was issued, after the order for removal was entered, in behalf of twenty-four relators and others who were added by consent. Twenty-three appealed from the order dismissing the writ but, for various reasons not now material, none of them except Borchers, Fentzke, Kunz, Knupfer and Sprauer have pressed this appeal.

The nub of their contentions is that the decrees of denaturalization are invalid and that they, being, despite the decrees, still entitled to the privileges of American citizenship, are not subject to removal as enemy aliens. The decrees depriving Borchers, Fentzke and Sprauer of citizenship were each entered by default; in the first two cases in the District Court for the Eastern District of New York, on June 17, 1943, on September 14, 1943, respectively, and, in Sprauer's case by consent in a District Court in New Jersey in January 1943. The Kunz decree was entered after hearing in the District Court for the Southern District of New York in accordance with the opinion of March 18, 1943, United States v. Kuhn et al., D.C., 49 F.Supp. 407, and while this appeal has been pending his application for relief from it under Rule 60(b), F.R.C.P., 28 U.S.C.A., has been denied in that court.

All but Kunz now urge that the decision in Klapprott v. United States, 335 U.S. 601, 69 S.Ct. 384, modified, 336 U.S. 942, 69 S.Ct. 877, requires the reversal of the order and all rely on Baumgartner v. United States, 322 U.S. 665, 64 S.Ct. 1240, 88 L. Ed. 1525, though its application to the default decrees seems to rest merely upon the hypothesis that if hearings had been held no cause for denaturalization could have been shown. It is interesting to note that some of these appellants are continuing their hitherto unsuccessful struggle to resist removal and that some of the questions they now raise have already been decided adversely to them. See United States v. Kunz, 2 Cir., 163 F.2d 344, and United States v. Borchers et al., 2 Cir., 163 F.2d 347.

The dismissal of the writ below was on the ground that the decrees...

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4 cases
  • Teltronics Services, Inc. v. Anaconda-Ericsson, Inc.
    • United States
    • U.S. District Court — Eastern District of New York
    • May 11, 1984
    ...v. Joseph Schlitz Brewing Co., 78 F.R.D. 499, 500 (E.D.Wis.1978), aff'd, 588 F.2d 838 (7th Cir.1978); see United States ex rel. Aigner v. Shaughnessy, 175 F.2d 211, 212 (2d Cir.1949). The record contains nothing which would warrant an exception to this rule. See Indian Head National Bank of......
  • Coal. For A Level Playing Field, L.L.C. v. AutoZone, Inc.
    • United States
    • U.S. District Court — Southern District of New York
    • September 7, 2010
    ...T. McLaughlin et al., Moore's Federal Practice § 60.60[1], at 60-190 to 60-191 (2005) (citing, inter alia, United States ex rel. Aigner v. Shaughnessy, 175 F.2d 211 (2d Cir.1949)); and plaintiffs have not offered any justification for bringing the claims in count V here instead of the Easte......
  • Sanders v. Estate of Sanders
    • United States
    • Court of Appeals of New Mexico
    • July 24, 1996
    ...that the motion must be filed in the district court and in the action in which the judgment was rendered. United States ex rel. Aigner v. Shaughnessy, 175 F.2d 211, 212 (2d Cir.1949); see generally, Moore, supra § 60.28. We see no reason to deviate from the general rule in this case. The Tw......
  • S.E.C. v. Gellas, 91 CIV. 6346(WCC).
    • United States
    • U.S. District Court — Southern District of New York
    • April 17, 1998
    ...Inc. v. Anaconda-Ericsson, Inc., 587 F.Supp. 724, 729 (E.D.N.Y.1984), aff'd, 762 F.2d 185 (2d Cir.1985); cf. United States ex rel. Aigner v. Shaughnessy, 175 F.2d 211 (2d Cir.1949) (refusing to consider transforming improper collateral attack on denaturalization decree, made by way of habea......

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