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TSUYOSHI IWAMOTO v. DULLES

No. 15441.

256 F.2d 100 (1957)

TSUYOSHI IWAMOTO, Appellant, v. John Foster DULLES, Secretary of State of the United States, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended February 3, 1958.

Attorney(s) appearing for the Case

Shiro Kashiwa, Genro Kashiwa, Kashiwa & Kashiwa, Honolulu, Hawaii, for appellant.

Louis B. Blissard, U. S. Atty., Charles B. Dwight, III, Asst. U. S. Atty., Honolulu, Hawaii, for appellee.

Before STEPHENS, Chief Judge, and ORR and FEE, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Iwamoto, who is appellant here, filed a complaint under provisions of the Nationality Act of 1940,1 seeking to obtain a declaration that he is a national of the United States. There was an answer filed. A trial was held. The District Court found that Iwamoto made a "cold and calculated choice" of Japanese citizenship when "he was not intimidated or coerced in any manner" and thus had "voluntarily expatriated...

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