William P. Rogers, as Attorney General of the United States of America v. Urho Paavo Patokoski

This is an appeal by appellant Attorney General of the United States from the judgment of the Trial Court in a declaratory judgment action by appellee under Section 1503(a), Title 8, U.S.C.A. That judgment declared appellee to be a United States national and citizen because he was born in Finland of a father who was at the time of appellee’s birth a United States naturalized citizen, although as he admits, appellee had prior to such declaratory judgment served in the Finnish Army and had voted in at least one Finnish political election.

In effect, appellant contends that ap-pellee voluntarily performed such army service and did such voting, and that each of such acts constituted a voluntary abandonment of appellee’s United States nationality and citizenship. Appellee contends in effect that when he did such acts, he was not aware of such nationality and citizenship and therefore could not have abandoned and did not abandon such nationality and citizenship voluntarily.

The issue before the Trial Court and this Court was and is whether appellee, when he voted in Finland and when he was serving in the armed forces of Finland where he was born and always lived until his present…