United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Lucchese, 365 U.S. 290 (1961)

United States v. Lucchese

No. 57

Argued December 8, 12, 1960

Decided February 20, 1961

365 U.S. 290

Syllabus

This denaturalization proceeding against respondent was dismissed by the District Court because of failure of the Government to file an affidavit of good cause with the complaint, and that Court did not specify that the dismissal was "without prejudice." The Court of Appeals dismissed the Government's appeal, and this Court granted certiorari, which was sought by the Government only to assure its right to proceed against respondent in a new proceeding.

Held: under Rule 41(b) of the Federal Rules of Civil Procedure, such a form of dismissal does not bar a new denaturalization proceeding against respondent, Costello v. United States, ante, p. 365 U. S. 265, and, accordingly, the writ of certiorari is dismissed. Pp. 365 U. S. 290-291.

Writ of certiorari dismissed.