Furuno

This case presents two questions: First, was Japan at the time of the election held therein and at which the plaintiff voted in April, 1946, a “Foreign State”?, and, Second, was the act of her voting of her own free and voluntary act and not as the result of mistake, misunderstanding, undue influence and coercion?

As to the first question, the defendant urges that this Court should modify its conclusion reached in the former opinion rendered on April 4, 1949, in the two cases, consolidated, of Etsuko Arikawa v. Dean Acheson, and Miyoko Tsunashima v. Dean Acheson, 83 F.Supp. 473, 475 , wherein the court held that Japan was not a “foreign state” under the evidence in those cases as contemplated by Section 801(e), Title 8, United States Code, which provides, “A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: * * * (e)

Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory”.

Of course, the question as to whether the statute applies in a given case depends upon what are the particular facts in the case as announced by the…