Ricketts

This case presents a problem of dual nationality as affected by a provision of the Nationality Act of 1940, 8 U.S.C.A. § 801 .

Appellee’s claim of American citizenship being denied by the Immigration and Naturalization Service he sued below to obtain a judgment declaring him to be a national *194 of the United States. 1 The facts found by the court were that he was born in Oklahoma on February 3, 1902 of native-born parentage. When he was eight years of age his parents took him to Canada where the father, in 1914, became a naturalized British subject. Appellee continued to reside in Canada with his parents until he reached his maj ority. Three years later (in 1926) he returned to the United States where he remained for a period of approximately six months after which he returned to Canada, residing there until 1936 when he again entered the United States. Since that time he has remained here constantly, engaged in business in the State of Washington, where he participated in civic affairs, registered as a voter, and voted in elections. It was found that he “did not by his own voluntary act expatriate himself, but to the contrary has continuously asserted his claim of United…