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CENTRAL VERMONT TRANSP. CO. v. DURNING

No. 200.

71 F.2d 273 (1934)

CENTRAL VERMONT TRANSP. CO. v. DURNING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

June 11, 1934.

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Samuel C. Coleman and Edward J. Ennis, Asst. U. S. Attys., both of New York City, of counsel), for appellant.

Wallace R. Foster, of New York City (Horace H. Powers, of St. Albans, Vt., of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This appeal is by the defendant, collector of customs of the port of New York, from an order which denied a motion to dismiss the bill of complaint and restrained him from seizing and forfeiting certain merchandise shipped on the Central Vermont Railway, Inc., at St. Albans, Vt., consigned to one Allen, at New York City, under a through bill of lading.

So far as the order appealed from...

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