Yukio Yamamoto, Appellant, v. John Foster Dulles, As Secretary of State, Appellee, 268 F.2d 111 (9th Cir. 1959)

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US Court of Appeals for the Ninth Circuit - 268 F.2d 111 (9th Cir. 1959) November 4, 1958
On Rehearing April 27, 1959

Fred Okrand, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Bruce A. Bevan, Jr., Richard A. Lavine, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before FEE and CHAMBERS, Circuit Judges, and CHASE A. CLARK, District Judge.

On Petition for Rehearing


This case is an appeal by Yamamoto from a judgment of the District Court refusing a declaration that appellant is now a national of the United States because of his voluntary renunciation of that status and repatriation to Japan.

Appropriate assignment raised the question whether the trial court had not erred in requiring appellant to assume the burden of proof of the voluntary nature of the acts and freedom from coercion and duress.

For the reasons stated in Norio Kiyama v. Dulles (Miyoko Kiyama v. Dulles) 9 Cir., 268 F.2d 110, this cause is remanded for further proceedings in accordance with the principles there expressed.