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TRANSATLANTICA ITALIANA v. ELTING

Nos. 215, 233.

75 F.2d 970 (1935)

TRANSATLANTICA ITALIANA v. ELTING, Collector of Customs. LLOYD SABAUDO SOCIETA ANONIMA PER AZIONI v. SAME.

Circuit Court of Appeals, Second Circuit.

March 4, 1935.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann and Gaspare M. Cusumano, all of New York City (Delbert M. Tibbetts and Joseph F. Luley, both of New York City, of counsel), for plaintiffs-appellants.

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

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

CHASE, Circuit Judge.

These appeals, though by different plaintiffs, were argued together, and one opinion will suffice for both. They relate to fines imposed upon steamship companies for bringing inadmissible aliens to this country and paid under protest.

In the Transatlantica Case there were twelve causes of action, but only the judgments in the fifth, seventh, tenth, and twelfth causes are in issue. In the Lloyd Sabaudo Case, which originally comprised...

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