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HARUMI SAMESHIMA v. DULLES

No. 1220-57.

173 F.Supp. 937 (1958)

HARUMI SAMESHIMA, Plaintiff, v. John Foster DULLES, as Secretary of State, Defendant.

United States District Court S. D. California, Central Division.

October 24, 1958.

Attorney(s) appearing for the Case

Wirin, Rissman & Okrand, Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty., Richard A. Lavine and Mary G. Creutz, Asst. U. S. Attys., Los Angeles, Cal., for defendant.

BYRNE, District Judge.

Plaintiff is here seeking a judgment declaring him to be a citizen of the United States. He alleges that he was born in Holtville, California, September 4, 1924; that he was taken to Japan in 1933 while he was a minor; that he served in the Japanese Army from September, 1944, to September, 1945; that said service was not plaintiff's free and voluntary act but was due to the compulsory Japanese conscription law and was under duress and coercion...

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