Acheson

This is an action brought under Section 503 of the Nationality Act of 1940, 8 U.S. CA. § 903, whereby plaintiff seeks a judgment of .this court declaring her to be a national of the United States. Defendant contends that plaintiff, who is a citizen by birth, lost her nationality by virtue of the provisions of 8 U.S.C.A. § 801 (d) which provides that “A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: * * * (d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or .political subdivision thereof for which only nationals of such state are eligible; * * Plaintiff was a teacher in the Japanese elementary schools and the first question for decision is whether such position was one for which only Japanese nationals were eligible. If this question is answered affirmatively, there is the further question of whether her teaching activity was of the free and voluntary nature that would result in her expatriation.

The record discloses the following facts. Plaintiff was bom in Lodi, California, and at the age of nine accompanied her mother and older sister to Japan to…