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NAVIGAZIONE GENERALE ITALIANA v. ELTING

No. 78.

74 F.2d 241 (1934)

NAVIGAZIONE GENERALE ITALIANA v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

December 10, 1934.

Attorney(s) appearing for the Case

Martin Conboy, 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, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellee sued to recover fines imposed and paid for violations of the Immigration Act 1924, § 26 (8 USCA § 145), in the transportation of three aliens from Italy to the United States on its steamship; the aliens having been excluded because they were afflicted with loathsome and dangerous contagious diseases which were not easily curable. They were excluded and a fine of $1,000 imposed for the transportation of each alien. But pursuant...

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