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Trop v. Dulles
United States Supreme Court
356 U.S. 86 (1958)
Albert Trop (plaintiff) served in the United States Army during World War II. In 1944, Trop was serving in North Africa and had been sentenced by a court martial to serve time in a stockade. Trop escaped and was captured the next day. Trop was then tried for desertion. The court martial convicted Trop and sentenced him to three years of hard labor and a dishonorable discharge. In 1952, Trop applied for a passport. The government denied the request because it determined that Trop was not a citizen. The government relied on § 401(g) of the Nationality Act of 1940, which stated that the citizenship of individuals who had been convicted of desertion and dishonorably discharged was automatically revoked. Trop filed a lawsuit, seeking a declaratory judgment that he was still a United States citizen. The trial court ruled against Trop, and he appealed. The appellate court affirmed, and Trop petitioned the United States Supreme Court for review.
Rule of Law
Holding and Reasoning (Warren, C.J.)
Concurrence (Brennan, J.)
Concurrence (Black, J.)
Dissent (Frankfurter, J.)
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