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SVENSKA AMERIKA LINIEN v. ELTING

46 F.2d 178 (1929)

SVENSKA AMERIKA LINIEN v. ELTING, Collector of Customs.

District Court, S. D. New York.

May 23, 1929.

Attorney(s) appearing for the Case

Wood, Molloy & France, of New York City, for plaintiff.

United States Attorney, for defendant.

THACHER, District Judge.

Defendant justifies retention of plaintiff's money under section 16 (c) of the Immigration Act of 1924 (8 USCA § 216), but under this section the Secretary was required to find either knowledge of or failure to exercise reasonable diligence to ascertain a fact, U. S. v. Compagnie Generale Transatlantique (C. C. A.) 26 F.2d 195, which was unknown and not discoverable until after the alien had been transported...

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