Nowak v. United States, 12765
| Citation | 238 F.2d 282 |
| Decision Date | 26 November 1956 |
| Docket Number | 12768.,No. 12765,12765 |
| Parties | Stanislaw NOWAK, Appellant, v. UNITED STATES of America, Appellee. Rebecca MAISENBERG, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Ernest Goodman, Detroit, Mich. (Goodman, Crockett, Eden & Robb, Detroit, Mich., on the brief), for appellants.
Dwight K. Hamborsky, Asst. U. S. Atty., Detroit, Mich. (Fred W. Kaess, U. S. Atty., Detroit, Mich., on the brief), for appellee.
Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.
These two denaturalization proceedings were tried separately in the district court and heard separately on appeal from orders entered by United States District Judge Picard of the Eastern District of Michigan, revoking orders granting citizenship to appellants and canceling certificates of naturalization issued to them respectively on June 13, 1938, and on January 24, 1938.
Upon consideration of the briefs, the oral arguments and the records in these two cases, we find that all the points of law made and argued by appellants — except the question of whether the affidavit of good cause in each of the cases was sufficient to confer jurisdiction upon the district court — have been adjudicated adversely to the contentions of appellants in the opinion of this court, affirming judgments of denaturalization entered, respectively, by United States District Judges Levin, Thornton, and Picard, of the Eastern District of Michigan, in Sweet v. United States (Chomiak v. United States, and Charnowola v. United States), 6 Cir., 211 F.2d 118 decided February 19, 1954. Our opinion in those cases cited relevant Supreme Court opinions: Knauer v. United States, 328 U.S. 654, 66 S.Ct. 1304, 90 L.Ed. 1500; United States v. Ginsberg, 243 U.S. 472, 475, 37 S.Ct. 422, 61 L.Ed. 853; Schneiderman v. United States, 320 U.S. 118, 63 S.Ct. 1333, 87 L.Ed. 1796; Dennis v. United States, 341 U.S. 494, 498, 71 S.Ct. 857, 95 L.Ed. 1137; Blau v. United States, 340 U.S. 159, 161, 71 S. Ct. 223, 95 L.Ed. 170; and also the opinion of Chief Judge Simons of this court in Albertson v. Millard, D.C.E.D.Mich. 1952, 106 F.Supp. 635, 642, 643, 644.
The findings of fact of the district judge in each of the cases now under review were supported by substantial evidence and certainly were not clearly erroneous; and the conclusions of law in both cases were based upon logically correct reasoning and supported by highest authority.
Appellants argue that the required affidavits of good cause were insufficient to confer jurisdiction upon the district court. When boiled down, the argument is that the affidavit of good cause filed in each of these cases was based on hearsay and was not...
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