United States v. Lucchese
United States v. Gaetano LUCCHESE, etc.
Opinion of the Court
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INCH, Chief Judge.
This is a motion by defendant for leave to reargue his motions to dismiss, the complaint upon the ground that thisdenaturalization proceeding was not instituted upon the filing of an affidavit: showing good cause therefor and, upon such reargument, for a dismissal of the' complaint, on the authority of the decision in United States v. Zucca, 351 U.S. 91 , 76 S.Ct. 671 , 100 L.Ed. 964 . In that, case, the United States Supreme Court, held that, in a denaturalization proceeding, such as the instant one, the filing-of the affidavit showing good cause is a. procedural prerequisite to the initiation, and maintenance of the proceeding.. Therefore, this motion is granted and,, after such reargument, the complaint is-dismissed, without prejudice to the government’s right to institute a proceeding to denaturalize the defendant upon, the filing of the required affidavit. United States v. Zucca, supra. Settle order.
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