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BRITISH EMPIRE STEAM NAV. CO. v. ELTING

No. 39.

74 F.2d 204 (1934)

BRITISH EMPIRE STEAM NAV. CO., LIMITED, v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

December 10, 1934.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts and Joseph F. Luley, both of New York City, of counsel), for appellant.

Martin Conboy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The steamship Caroni River, owned by the appellant, arrived at the port of New York October 16, 1930, having as part of its crew thirty-seven Chinese seamen. When tied up at its pier, an immigration inspector boarded the vessel, examined these members of the crew, and ordered that they be detained on board. The Chinese members were unable to satisfy the inspector that they did not intend to abandon their calling as seamen. The crew list had...

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