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Costello v. United States

United States Supreme Court

365 U.S. 265 (1961)

Relevant factsFree

The government's first denaturalization complaint against Costello (defendant) was ultimately dismissed by the Supreme Court because it lacked a required affidavit of good cause, a precondition to filing such proceedings, and the district court's resulting dismissal order didn't specify whether it was with or without prejudice; the government then refiled with the required affidavit, obtained denaturalization, and the court of appeals affirmed, prompting a second round of certiorari on whether the first dismissal barred the second suit.

IssueFree

Whether a dismissal for a plaintiff's failure to satisfy a precondition to bringing suit serves as a bar to a subsequent action.

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