UNITED STATES v. FOKSCHAUER

UNITED STATES v. FOKSCHAUER. (Circuit Court of Appeals, Second Circuit. February 14, 1911.) No. 145. Appeal from the Circuit Court of the. United States for the Southern District of New York. Petition of Max Fok-schauer to be admitted to citizenship. Petition granted. The following is the opinion below of Noyes, Circuit Judge: “In my opinion this court acquired jurisdiction of this matter when the petitioner as an alien resident of this district filed his petition, and did not lose it by reason of his moving to the Eastern district. Whether jurisdiction would have been lost had the petitioner moved out of the state need not be determined. The case of United States v. Breen, 135 App. Div. 824, 120 N. Y. Supp. 304, recently decided by the Appellate Division of the Supreme Court of New York, Second Department, is not distinguished, and is followed. The petitioner, upon taking, the oath, may be admitted to citizenship.” Henry A. Wise; U. S. Atty., and I. H. Levy, Asst U. S. Atty. (Addison S. Pratt, of counsel), for the United States. Before LACOMBE, COXE, and WARD, Circúit Judges [MAJORITY — PER CURIAM.] PER CURIAM. Order affirmed, on opinion below.