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JUNSO FUJII v. DULLES

No. 14460.

224 F.2d 906 (1955)

JUNSO FUJII, Appellant, v. John Foster DULLES, Secretary of State of the United States, Appellee.

United States Court of Appeals Ninth Circuit.

July 14, 1955.

Attorney(s) appearing for the Case

Wirin, Rissman & Okrand, Los Angeles, Cal., Fong, Miho, Choy & Chuck, Honolulu, Hawaii, for appellants.

Louis B. Blissard, U. S. Atty., Charles B. Dwight, III, Asst., Honolulu, Hawaii, Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

DENMAN, Chief Judge.

Fujii appeals from a judgment of the District Court for the District of Hawaii dismissing his amended and supplemental complaint brought under 8 U.S.C. § 903,1 for a declaration that he is a citizen of the United States.

One of the grounds of the dismissal is that though the original complaint filed on December 16, 1952 sought relief expressly under 8 U.S.C. § 903, it failed to state that Fujii had...

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