United States v. Marasilis, Misc. No. 127.

• Court: United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
• Writing for the Court: STARR
• Citation: 142 F. Supp. 697
• Parties: UNITED STATES of America, Plaintiff, v. Leokadia MARASILIS, Defendant.
• Docket Number: Misc. No. 127.
• Decision Date: 21 June 1956

142 F. Supp. 697

UNITED STATES of America, Plaintiff,
v.
Leokadia MARASILIS, Defendant.

Misc. No. 127.

United States District Court W. D. Michigan, S. D.

June 21, 1956.

Wendell A. Miles, U. S. Atty., and Roman J. Snow, Asst. U. S. Atty., Grand Rapids, Mich., for government.

Charles W. Gore, Benton Harbor, Mich., for defendant.

STARR, Chief Judge.

This matter came on to be heard upon the government's motion for a summary judgment based on the ground that there is no genuine issue as to any material fact, and that the government is entitled to a judgment for the relief prayed for as a matter of law. It appears that the defendant and her counsel were given proper notice of the hearing on the government's motion, and the United States attorney stated on the record that defendant's counsel had informed him that neither he nor the defendant would be present.

On March 24, 1953, the government filed a complaint and on May 4, 1954, an amended complaint, in pursuance of § 340(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1451(a), whereby it petitioned the court to revoke and set aside the order admitting the defendant Leokadia Marasilis to citizenship, and to cancel and declare null and void the certificate of naturalization No. 5685183 issued to her on June 4, 1943. The government alleged that the defendant

142 F. Supp. 698

had procured her certificate of naturalization through concealment of material facts and by fraud and wilful misrepresentations. The defendant answered, denying the material allegations of the complaint and amended complaint relative to her alleged concealment of material facts and alleged fraud and wilful misrepresentations, and denying the government's right to the relief sought

On August 19, 1955, pursuant to Rule 36 of the Federal Rules of Civil Procedure, 28 U.S.C.A., the government filed a request for admission of facts and genuineness of documents, and the defendant filed her answers and admissions under oath. In her answers to the request for admissions she admits as follows: (1) That she was a member of the Communist Party of America during the period from 1933 to 1935 and from 1940 until 1950; (2) that she received membership cards indicating her membership in the Communist party; (3) that she was a member of the sixth ward club of the Communist party located on Champlain street near Sixty-second street in the city of Chicago, Illinois, from 1933 to 1935; and (4) that she did for a period of time between 1933 and 1949 believe the United States government should be overthrown.

On June 1, 1956, in pursuance of Rule 56 of the Federal Rules of Civil Procedure, the government filed a motion for a summary judgment. This motion was based on the allegations of the government's complaint and amended complaint and the defendant's answers thereto, and upon her answers and amended answers to the government's request for admission of facts and genuineness of documents. In support of its motion the government contends that there is no genuine issue as to any material fact and that it is entitled to a judgment as a matter of law.

It appears that on April 20, 1943, the defendant executed an application for a certificate of arrival and preliminary form for petition for naturalization in which she was asked the following questions and to which she gave the following answers:

"(22) Do you understand the principles of government of the United States? (Answer) Yes.

"(23) Do you fully believe in the form of government of the United States? (Answer) Yes. * * *

"(28) Are you a believer in anarchy or the unlawful damage, injury or destruction of property, or sabotage? (Answer) No. Do you belong to or are you associated with any organization which teaches or advocates anarchy or the overthrow of existing government in this country? (Answer) No."

On the same date defendant also executed a petition for naturalization, in which she made the following statements under oath:

"(14) It is my intention in good faith to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which

...