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United States v. Lucchese, 365 U.S. 290 (1961)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
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. 265, and, accordingly, the writ of certiorari is dismissed. Pp. 290-291.
Writ of certiorari dismissed.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Lucchese, 365 U.S. 290 (1961) in 365 U.S. 290 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=I221PQV4YXTR2YU.
MLA: U.S. Supreme Court. "Syllabus." United States v. Lucchese, 365 U.S. 290 (1961), in 365 U.S. 290, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=I221PQV4YXTR2YU.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Lucchese, 365 U.S. 290 (1961). cited in 1961, 365 U.S. 290. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=I221PQV4YXTR2YU.
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