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NAVIGAZIONE GENERALE ITALIANA v. ELTING

No. 483.

66 F.2d 537 (1933)

NAVIGAZIONE GENERALE ITALIANA 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.

Kirlin, Campbell, Hickox, Keating & McGrann and Gaspare M. Cusumano, all of New York City (Delbert M. Tibbetts and Joseph F. Luley, both 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 unlawfully imposed upon the plaintiff for bringing in twenty-eight aliens. The complaint contained thirty-three causes of action, the excess being due to double fines in five cases. The cause was tried to a jury of one, and the judge directed a verdict for the defendant on four causes of action; the plaintiff discontinued one. This appeal concerns the cases of the twenty-three remaining aliens, and the...

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