Baumgartner v. United States,
322 U.S. 665 (1944)

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U.S. Supreme Court

Baumgartner v. United States, 322 U.S. 665 (1944)

Baumgartner v. United States

No. 493

Argued April 26, 1944

Decided June 12, 1944

322 U.S. 665


1. The rule that concurrent findings of to lower court are persuasive in support of their judgments does not relieve this Court of the task of examining the foundation of findings in particular cases. P. 322 U. S. 670.

2. In a denaturalization proceeding involving issues of belief or fraud, the Government's proof must be clear, unequivocal, and convincing. P. 322 U. S. 670.

3. The conclusion of the two lower courts that that exacting standard of proof has, on the whole record, been satisfied cannot be deemed an unreviewable "finding of fact." P. 322 U. S. 671.

4. In a suit brought by the United States under § 338 of the Nationality Act of 1940 to set aside a naturalization decree and cancel a certificate of citizenship issued ten years previously on grounds of fraud and illegal procurement, held that the evidence was insufficient to sustain the charges that, at the time of his admission to citizenship, the defendant did not truly and fully renounce his foreign allegiance, and did not in fact intend to support the Constitution and laws of the United States. P. 322 U. S. 677.

138 F.2d 29 reversed.

Certiorari, 321 U.S. 756, to review the affirmance of a decree which, in a proceeding brought by the United States, set aside an order admitting the defendant to citizenship and canceled his certificate of naturalization, 47 F.Supp. 622.

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