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ROYAL MAIL STEAM PACKET CO. v. ELTING

No. 484.

66 F.2d 516 (1933)

ROYAL MAIL STEAM PACKET CO. v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

July 25, 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 appellant.

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

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

L. HAND, Circuit Judge.

This is an action to recover fines collected by the collector of the port of New York from the plaintiff, a steamship carrier, for the importation of aliens who were excluded upon their arrival. These were in two groups, twenty-five in all, one group of sixteen, arriving on July 2, 1923, and the other of nine, on August fifth of the same year, both on the same ship. They were excluded because the quota was full in each case, and the plaintiff...

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