THE MARION PHILLIS

No. 75.

36 F.2d 688 (1929)

THE MARION PHILLIS.

Circuit Court of Appeals, Second Circuit.

December 2, 1929.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and William T. Cowin, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellant.

Louis Halle, of New York City, for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

Section 584 of the Tariff Act of 1922 (19 USCA § 486) an alleged violation of which is the basis of the libel, reads as follows:

"Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the manifest to the officer demanding the same shall be liable to a penalty of $500, and if any merchandise, including sea stores, is found on board of or after unlading from such vessel or vehicle...

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