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COSULICH SOCIETA TRIESTINA DI NAVIGAZIONE v. ELTING

No. 45.

64 F.2d 95 (1933)

COSULICH SOCIETA TRIESTINA DI NAVIGAZIONE v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

April 3, 1933.

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 defendant-appellant.

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

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

AUGUSTUS N. HAND, Circuit Judge.

The plaintiff steamship company brought to New York a passenger named Dos Santos, a native of Portugal, who had a re-entry permit issued by the Department of Labor. The alien had been originally admitted to the country in 1920 and left September 23, 1924, for a temporary visit abroad. He returned before the expiration of the absence allowed under his re-entry permit. Upon examination before a Board of Special Inquiry he admitted that...

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