Serizawa

Plaintiff prays for a decree adjudging that he is a citizen and/or national of the United States, and as such is entitled to the rights and privileges of a national of the United States. This court has jurisdiction by virtue of Section 503, United States Nationality Act, 8 U.S. C.A. § 903 *

The facts disclosed by the pleadings and evidence are briefly stated hereafter:

Plaintiff, Paul Serizawa, was born in the United States at Pescadero, California, May 14, 1924. He journeyed to, Japan with his parents in November of 1935. The balance of his education was completed in Japan. In April, 1945, plaintiff was indueted into the Japanese Army, and he was demobilized in September, 1945, with the rank of private first class. On April 5, 20 and 30th of 1947, plaintiff voted in the Japanese political elections.

The plaintiff had dual citizenship. He was a national of this country by reason *714 of his birth here, and acquired Japanese nationality under Japanese law.

The defendant contends that plaintiff expatriated himself by voting in the Japanese elections and/or by serving in the Japanese Army. 8 U.S.C.A. § 801 (now covered by 8 U.S.C.A. § 1481 (a) ) provided that a citizen could…