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COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR v. ELTING

No. 287.

19 F.2d 773 (1927)

COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

May 9, 1927.

Attorney(s) appearing for the Case

Wood, Molloy & France, of New York City (Melville J. France, of New York City, of counsel), for plaintiff in error.

Emory R. Buckner, U. S. Atty. (John M. Ryan, Asst. U. S. Atty., of New York City, of counsel), for defendant in error.

Before MANTON and SWAN, Circuit Judges, and CAMPBELL, District Judge.

SWAN, Circuit Judge.

The plaintiff steamship company brought to the port of New York in June, 1923, an alien of Italian nationality, who claimed to be returning from a temporary visit abroad to an unrelinquished American domicile. The American consul at Naples, the port of embarkation, had affixed a visa to his passport and noted thereon, "Exception to quota for Italy, returning to domicile in United States." The quota for Italy had been filled, and the immigration...

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