William J. Brennan, Jr.

“ The Government filed its petition for certiorari only to assure its right to proceed against the respondent in a new proceeding in the event that we should rule in Costello v. United States, 365 U.S. 265, 81 S.Ct. 534, 5 L.Ed.2d 551, that the order entered by the District Court for the Southern District of New York in that case precluded the institution of the second denaturalization action against Costello. Our decision today in Costello establishes that such a form of dismissal does not bar a subsequent proceeding against the respondent. ”

“ The Court of Appeals for the Second Circuit dismissed the Government's appeal in an unreported opinion which stated that 'there was no basis for (the district judge) to take action other than he did, namely, to comply with the clear command of the Supreme Court, without attempted embellishment. ”