No. 5278. Heard October 1, 1957. Decided October 28, 1957. Arnold Williamson, Jr., Asst. U.S. Atty., Providence, R.I., with whom Joseph Mainelli, U.S. Atty., Providence, R.I., was on the brief, for appellant. Paul E. Kelley, Providence, R.I., for appellee. Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges. HARTIGAN, Circuit Judge. The United States is here appealing from an order admitting appellee, Andrew Rosner, to citizenship under the authority of Sec. 328 of the Immigration

Civ. A. No. 3006-58. May 18, 1959. Victor Rabinowitz, New York City, and David Rein, Washington, D.C., for plaintiff. Leo J. Michaloski, Raymond A. Westcott, Dept. of Justice, Washington, D.C., for defendant. SIRICA, District Judge. This is a suit to declare null and void the action of the Secretary of the Army in discharging plaintiff from the United States Army Reserve, Ready Reserve, by means of an "undesirable discharge" prior to the normal expiration of his military service, and to have this