Yukio Yamamoto v. John Foster Dulles, as Secretary of State

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 Ki-yama v. Dulles (Miyoko Kiyama v. Dulles) 9 Cir., 268 F.2d 110, this cause is remanded for further…