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TOSHIO KONDO v. ACHESON

Civ. 10686.

98 F.Supp. 884 (1951)

TOSHIO KONDO v. ACHESON, Secretary of State.

United States District Court, S. D. California, C. D.

May 10, 1951.

Attorney(s) appearing for the Case

A. L. Wirin and Fred Okrand, Los Angeles, Cal., for plaintiff.

Ernest A. Tolin, U. S. Atty., Clyde C. Downing, Asst. U. S. Atty., and Robert K. Grean, Asst. U. S. Atty., all of Los Angeles, Cal., for defendant.

BYRNE, District Judge.

This is a proceeding under section 903, Title 8, U.S.C.A. The defendant issued plaintiff a certificate of loss of nationality based on plaintiff's service in the Japanese army. Section 801(c), Title 8, U.S.C.A.1

The plaintiff admits he served in the Japanese army from April 1945 until the end of the war, but contends that his action did not result in his expatriation because there were extenuating circumstances...

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