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KREUTZ v. DURNING

No. 123.

69 F.2d 802 (1934)

KREUTZ et al. v. DURNING, Collector of Customs, et al.

Circuit Court of Appeals, Second Circuit.

March 12, 1934.

Attorney(s) appearing for the Case

William L. Wemple and Arthur Garfield Hays, both of New York City, and Roszel C. Thomsen, of Baltimore, Md., for appellants.

Martin Conboy, U. S. Atty., of New York City (Samuel C. Coleman and Irvin C. Rutter, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a decree dismissing a suit in equity filed by a firm of domestic importers of matches to enjoin the Collector of Customs of the Port of New York from assessing against them customs duties, under the "Anti Dumping Act" (title 2 of the Emergency Tariff Act of 1921 [19 USCA §§ 160-173]). The cause came up upon the pleadings alone, and the judge dismissed the suit because the plaintiffs had an adequate remedy at...

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