Mackey v. Mendoza-Martinez,
362 U.S. 384 (1960)

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U.S. Supreme Court

Mackey v. Mendoza-Martinez, 362 U.S. 384 (1960)

Mackey v. Mendoza-Martinez

No. 29

Argued November 10, 1959

Decided April 18, 1960

362 U.S. 384


In this suit by appellee for a declaratory judgment that he is a citizen of the United States, the underlying issue as to the constitutionality of §401(j) of the Nationality Act of 1940 being clouded by an issue as to whether collateral estoppel prevents the Government from challenging appellee's citizenship, the case is remanded to the District Court with permission to the parties to amend the pleadings, if they so desire, to put in issue the question of collateral estoppel and to obtain an adjudication upon it. Pp. 362 U. S. 384-387.

Cause remanded.

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