Acheson

Each of the above entitled cases was brought under section 503 of the Nationality Act of 1940, 54 Stat. 1137 , 1171, Title 8 U.S.C.A. § 903 , as it existed prior to repeal and reenactment in changed form as Title 8 U.S.C.A. § 1503 .

The Act provides that a person who claims to be a national of the United States and who claims that he (or she) has been denied a right or privilege of a national of the United States by a department or agency or executive thereof upon the ground that such person is not a national of the United States may institute an action against the head of the governmental activity in charge of the matter to which the denial is related “ * * * for a judgment declaring him to be a national of the United States.”

In the appealed case entitled Dean Acheson v. Fujiko Furusho, No. 13093, Fujiko Furusho obtained a judgment, while Dean Acheson was Secretary of State, declaring her to be a “citizen” (citizenship is inclusive of nationality) of the United States and notice of appeal was filed while Acheson remained in office. Subsequent to the appeal and before decision thereon Acheson was succeeded in office by John Foster Dulles. No substitution of Acheson by Dulles…