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BERMUDA & WEST INDIES S. S. CO. v. ELTING

45 F.2d 411 (1930)

BERMUDA & WEST INDIES S. S. CO., Limited, v. ELTING, Collector of Customs.

District Court, S. D. New York.

July 31, 1930.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City, for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (John Rosenberg, of New York City, of counsel), for defendant.

COXE, District Judge.

This action presents the question whether the government was justified in imposing fines and directing passage money refunds for bringing to this country nine immigrants, who were subsequently excluded after examination at Ellis Island. The suit is properly brought against the collector. Cosulich v. Elting (C. C. A.) 40 F.2d 220. It is urged, however, that the determination of the Secretary in imposing the fines...

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