LOS ANGELES (UP) - A test case to determine constitutionality of withholding American citizenship from Japanese aliens was filed in federal court late Wednesday.

The suit was brought by the American Civil Liberties union in behalf of Gensuki Mafuda, Shousuki Nitta and Choyei Kondo, with immigration and naturalization director Albert de Guercio named as defendant for refusing to accept their citizenship applications.

The complaint outlined that one of Mafuda's sons was killed while fighting with the American army in Italy and posthumously was awarded the Distinguished Service Cross. Kondo during the war had taught Japanese at a U.S. navy school and had a son wounded in Italy and Nitta has a son serving in the army now as a lieutenant.

The suit said all three had come to the United States more than 40 years ago and in all respects were qualified for citizenship.