Merge Claim (United States v. Italy)

14 R.I.A.A. 236 (1955)

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Merge Claim (United States v. Italy)

Italian–United States Conciliation Commission
14 R.I.A.A. 236 (1955)

Facts

Mrs. F. S. Mergé was born in the United States (plaintiff). In 1933, Mrs. Mergé married an Italian man and moved to Italy (defendant). Under Italian law, Mrs. Mergé therefore became a naturalized citizen. The couple resided in Italy until 1937, when they moved to Italy so that Mrs. Mergé’s husband could take a post at the Italian embassy in Tokyo. After the conclusion of World War II, Mrs. Mergé declined being returned to the United States by military authorities. In 1946, the United States issued Mrs. Mergé a passport for travel to the United States. Mrs. Mergé remained there visiting her parents for a period of 10 months and then returned to Italy with her husband. Upon return, Mrs. Mergé was granted a visa to enter Italy as a visitor. In 1950, Mrs. Mergé obtained a new American passport from the embassy in Rome. In the application, Mrs. Mergé stated that she planned to return to the United States permanently. Mrs. Mergé submitted a claim via the United States government for compensation from the Italian government for certain property lost during the war. The Italian government contended that this request should be rejected because Mrs. Mergé was an Italian national not entitled to compensation pursuant to the Peace Treaty of 1947.

Rule of Law

Issue

Holding and Reasoning ()

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