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NISHIKAWA v. DULLES

No. 19.

356 U.S. 129 (1958)

NISHIKAWA v. DULLES, SECRETARY OF STATE.

Supreme Court of United States.

Restored to the calendar for reargument June 24, 1957.

Reargued October 28, 1957.

Decided March 31, 1958.

Attorney(s) appearing for the Case

Fred Okrand argued the cause for petitioner on the original argument, A. L. Wirin on the reargument, and both were on the briefs.

Oscar H. Davis argued the cause for respondent. With him on the briefs were Solicitor General Rankin, Warren Olney, III, then Assistant Attorney General, and Beatrice Rosenberg. J. F. Bishop was also with them on the brief on the reargument.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

In this, the third of the denationalization cases decided today, issues concerning Section 401 (c) of the Nationality Act of 1940 are presented. That statute provides:

"A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: ..... "(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized...

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