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COMPAGNIE GENERALE TRANSATLANTIQUE v. ELTING

No. 263.

75 F.2d 931 (1935)

COMPAGNIE GENERALE TRANSATLANTIQUE v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

March 11, 1935.

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 defendant-appellant.

John M. Lyons, of New York City (Roger O'Donnell, of Washington, D. C., of counsel), for plaintiff-appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a judgment for the plaintiff upon the second and third causes of action.

The second cause of action was to recover a fine imposed by the Secretary of Labor under section 9 of the Immigration Act of 1917, as amended by section 26 of the Immigration Act of 1924 (8 USCA § 145), because the plaintiff steamship company brought to the United States an alien afflicted with trachoma, a dangerous contagious...

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