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LLOYD SABAUDO SOCIETA ANONIMA PER AZIONI v. ELTING

No. 125.

55 F.2d 1048 (1932)

LLOYD SABAUDO SOCIETA ANONIMA PER AZIONI v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, and Gaspare M. Cusumano, all of New York City (Delbert M. Tibbetts, of New York City, of counsel), for plaintiff-appellant.

George Z. Medalie, U. S. Atty., of New York City (Walter H. Schulman, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

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

At the trial below, the plaintiff offered evidence, not presented to the Secretary of Labor, in support of its claim that the aliens had been subjected to a competent examination abroad and its exclusion is now claimed to have been erroneous. Such a contention fails to give effect to the language of the statute and the decision in Oceanic Steam Navigation Company v. Stranahan, 214 U.S. 320

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