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COSULICH SOCIETA TRIESTINA DI NAVIGAZIONE v. ELTING

No. 446.

66 F.2d 534 (1933)

COSULICH SOCIETA TRIESTINA DI NAVIGAZIONE 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 for fines imposed under section 9 of the Immigration Act of 1917 (39 Stat. 880), upon a carrier for bringing in excludable aliens. It was tried to a jury of one and the evidence consisted only of the records before the Board of Special Inquiry, and the correspondence between the plaintiff and the Department. Three aliens are in question; all were excluded for illiteracy, and it is not seriously questioned that they...

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