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FEDERICI v. CLARK

September 21, 1951

FEDERICI
v.
CLARK, Atty. Gen. of the United States, et al.



The opinion of the court was delivered by: FOLLMER

Plaintiff, under the provisions of the Act of October 14, 1940, c. 876, Title I, Sub-chap. V, Sec. 503, 8 U.S.C.A. § 903, instituted the present action for a judgment declaring him to be a national of the United States.

Findings of Fact.

 1. The plaintiff, Giuseppe Federici, was born at Republic, Pennsylvania, on February 10, 1914, and claims a permanent residence in the City of Pittsburgh, in the Western District of Pennsylvania.

 2. At or about May 1, 1921, Giuseppe Federici's parents, who had retained their Italian citizenship, took him to Italy, where they continued to reside until the events hereafter related occurred.

 3. While attending school in Italy, at 14 years of age and until he reached the age of 18, plaintiff was a member of the Operai Nationale Bellini, a youth branch of the Fascist party. Membership was compulsory but he did not wear a uniform, which was optional, and did not occupy any offices therein. *fn1"

 4. Plaintiff protested and was successful in not becoming a member of the Giovane Fasciste which covered the age groups of 18 to 21 years.

 5. When plaintiff attained the age of 21, he did not join the Fascist Party, and was never a member thereof.

 6. Three or four months prior to April 5, 1935, plaintiff accompanied a brother, Eliseo, *fn2" to the American Consulate with reference to their anticipated induction into the Italian Army. The brother Eliseo was better versed in the English language and conducted the interview. They were advised to submit to induction and report to the Consul after their discharge.

 7. Plaintiff 'was called up on April 5, 1935, to serve his (obligatory) term of service with the Armed Forces' of Italy and when the oath of allegiance to Italy was administered to his group in June 1935, he feigned illness and was in the hospital. His service in the Italian Army was involuntary and under compulsion.

 8. Plaintiff did not vote in any political election in Italy.

 9. After plaintiff's release from the Army he was ill for some time with malaria and upon his recovery he made application to the United States Department of State (through the American Consulate at Rome) for registration as an American citizen, which was refused and a certificate of expatriation entered against him.

 10. The Department of State, although not an original defendant, subsequently entered its appearance as an additional defendant in order that the issue involved might be fully disposed of without any doubt as to jurisdiction since the subsequent matters in the Immigration and Naturalization Service were predicated upon the original State Department action.

 Conclusions of Law.

 1. Jurisdiction of this action is in the United States District Court for the Western District of Pennsylvania under the ...


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