Ackermann v. United States (340 U.S. 193)

U.S. Supreme Court · decided December 11, 1950 · Supreme Court Database (Spaeth)

Citation
340 U.S. 193 · 71 S. Ct. 209
Decided
December 11, 1950
Term
October Term 1950
Vote
5–3
Majority author
Justice Minton
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Mr. Justice Minton delivered the opinion of the Court. Petitioner Hans Ackermann filed a motion in the District Court for the Western District of Texas to set aside a judgment entered December 7, 1943, in that court can-celling his certificate of naturalization. The motion was filed March 25, 1948, pursuant to amended Rule 60 (b) of the Federal Rules of Civil Procedure which became effective March 19, 1948. The United States filed a motion to dismiss petitioner’s motion. The District Court denied petitioner’s motion and the Court of Appeals affirmed. 178 F. 2d 983. We granted certiorari. 339 U. S. 962. The question is whether the District Court erred in denying the motion for relief under Rule 60 (b). Petitioner and his wife Frieda were natives of Germany. They were naturalized in 1938. They resided, as now, at Taylor, Texas, where petitioner and Max Keilbar owned and operated a German language newspaper. Frieda Ackermann wrote for the paper. She was a sister of Keilbar, who was also a native of Germany and who had been naturalized in 1933. In 1942 complaints were filed against all three to cancel their naturalization on grounds of fraud. Petitioner and Keilbar were represented by counsel and answered the complaints. After an order of consolidation, trial of the three cases began November 1, 1943, and separate judgments were entered December 7, 1943, cancelling and setting…

Excerpt of a 22,310-character opinion. The full text and citation network load in the interactive viewer above.

← Back to the decisions database