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LLOYD ROYAL BELGE SOCIETE ANONYME v. ELTING

51 F.2d 790 (1931)

LLOYD ROYAL BELGE SOCIETE ANONYME v. ELTING, Collector of Customs.

District Court, S. D. New York.

July 22, 1931.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann and Delbert M. Tibbetts, all of New York City, for plaintiff.

George Z. Medalie, U. S. Atty., and Morton Baum, Asst. U. S. Atty., both of New York City, for defendant.

GODDARD, District Judge.

This is a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.

The suit was brought for the recovery of $300, which the plaintiff paid on January 10, 1930, to the collector of customs of the port of New York under protest as a condition to granting clearance papers for its steamship Henri Jaspar which was about to sail from New York for Antwerp. It is alleged in the complaint that the...

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