Junso Fujii v. John Foster Dulles, Secretary of State of the United States

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. § 90S, 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 been denied registration as a citizen of the United States on the ground he was not a national of the United States as required by Section 903, and that, since the amended and supplemental complaint alleging such denial was filed after the repeal of Section 903, it could not be considered and the complaint must be dismissed.

We do not agree that after the repeal of Section 903, the original complaint so could not be amended. Appellee relies upon Bonner v. Elizabeth Arden, Inc., 2 Cir., 177 F.2d 703, 705 , holding that such amendments cannot be filed after expiration of the statute of limitations. We think the complaint so far as it is an amendment on matters “attempt ed to be set forth” in the original proceeding under Section 903 should have been deemed properly filed under F.R.C. P.…