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NORTH GERMAN LLOYD v. ELTING

43 F.2d 203 (1930)

NORTH GERMAN LLOYD v. ELTING, Collector of Customs.

District Court, S. D. New York.

August 14, 1930.

Attorney(s) appearing for the Case

John M. Lyons, of New York City (Mark E. Cymrot, of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (George B. Schoonmaker, of New York City, of counsel), for defendant.

WOOLSEY, District Judge.

The plaintiff's motion for judgment on the pleadings is granted.

The Immigration Act of February 5, 1917, provides in section 3 (8 USCA § 136) as follows:

"Sec. 3. That the following classes of aliens shall be excluded from admission into the United States."

Then comes a long list of undesirables, and the section continues:

"Persons afflicted with tuberculosis in any form or with a loathsome or dangerous...

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