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 provisions of 8 U.S.C.A. § 903.
2. Plaintiff's service in the armed forces of Italy was involuntary and not within the provisions of 8 U.S.C.A. § 801(c).
3. Under the provisions of 8 U.S.C.A. 903 plaintiff is entitled to a judgment declaring him to a national of the United States.
Section 401 of the Nationality Act of 1940, 8 U.S.C.A. § 801, provides, inter alia:
'A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:
'(b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or
'(c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or * * *.'
The Nationality Act of 1940, including its repeal of Section 2 of the Citizenship Act of 1907, took effect January 13, 1941.
Section 2 of the Act of March 2, 1907, provided 'That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state.' 34 Stat. 1228.
The induction into the Italian Army, at which time the oath of allegiance was alleged to have been taken, was prior to January 13, 1941, but the military service continued beyond that date.
In the application of either act, however, certain fundamental principles apply. If the overt acts constituting renunciation were freely and voluntarily done, the person is bound by whatever the legal consequences of those acts may be and the undisclosed intent of the party is immaterial. But where such act is involuntary or under duress, it does not result in a loss of American nationality.
Plaintiff's induction into the Italian Army was clearly compulsory and did not involve the exercise of his free will. Having found that he did not take the oath of allegiance,
discussion as to what would constitute an involuntary oath is not pertinent.
Plaintiff, a native born American national, did not therefore voluntarily commit any act constituting a renunciation of his citizenship. A decree will be entered accordingly.