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NORTH GERMAN LLOYD v. ELTING

No. 129.

54 F.2d 997 (1932)

NORTH GERMAN LLOYD v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

January 11, 1932.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for appellant.

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

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

CHASE, Circuit Judge (after stating the facts as above).

This alien was brought to the United States in accordance with section 2 (a) (4) of the above-mentioned statute (42 Stat. 5), which provides that the quota shall not apply to "aliens visiting the United States as tourists or temporarily for business or pleasure." It is not claimed that the plaintiff acted in bad faith in bringing the alien here. We agree that it had no right to rely upon the visa to establish...

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