United States v. Gay, 264 U.S. 353 (1924)

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United States v. Gay


No. 205


Argued March 11, 1924
Decided April 7, 1924
264 U.S. 353

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Section 3 of the Act of March 2, 1907, 34 Stat. 1228, in providing that, when any naturalized citizen shall have resided for two years in the foreign state from which he came, it shall be presumed that he has ceased to be an American citizen, does not apply to a retired officer of the Navy who resided abroad with the permission of the Navy Department, reported to it each year as required by the regulations, evidenced his willingness to respond to the call of duty, and performed no act inconsistent with his allegiance or his official status. P. 356.

57 Ct.Clms. 424 affirmed.

Appeal from a judgment of the Court of Claims sustaining the claim of a retired warrant machinist in the Navy for pay unlawfully withheld.