16 F.R.D. 137 | S.D.N.Y. | 1954
The defendants in these actions to revoke citizenship for concealment of material facts and wilful misrepresentation move to vacate notices to take their depositions served by the Government pursuant to Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
Their contention, based upon Bindczyck v. Finucane, 1951, 342 U.S. 76, 72 S.Ct. 130, 96 L.Ed. 100, is that the statute governing cancellation of naturalization is a self-contained exclusive procedure and consequently that the Federal Rules of Civil Procedure are not applicable to this case. The petitioners then urge that no depositions can be taken because the statute governing denaturalization makes no provision for the taking of depositions. I find this argument without merit and the Bindczyck case inapposite to the immediate issue.
That case holds that § 338 of the Nationality Act of 1940
A suit to revoke citizenship is a civil action—an action in equity.
Just as the Government as a litigant in a denaturalization proceeding is bound by the same rules which apply to all other litigants except as the law may otherwise expressly provide,
Accordingly, the plaintiff is entitled to take the depositions of the defendants under the Rules.
The defendants’ contention that the notices should be vacated for failure to show “good cause” and that, in effect, they are “fishing expeditions” is entirely without merit.
The application for adjournment of the examinations is granted as indicated upon the argument of the motion.
Settle order on notice.
. Now covered by 8 U.S.C.A. § 1451(a), § 338 of the Act of 1940 having been repealed by the Immigration and Nationality Act of June 27th, 1952, 66 Stat. 16&
. Luria v. United States, 231 U.S. 9, 27-29, 34 S.Ct. 10, 58 L.Ed. 101; United States v. Kusche, D.C.Cal., 56 F.Supp. 201, 225.
. Rule 1 of the Federal Rules of Civil Procedure.
. 8 U.S.C.A. § 1451(b).
. In re Oddo, D.C., 117 F.Supp. 323.
. Hickman v. Taylor, 329 U.S. 495, 507, 67 S.Ct. 385, 91 L.Ed. 451.