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NAVIGAZIONE GENERALE ITALIANA v. ELTING

Nos. 244, 371.

77 F.2d 270 (1935)

NAVIGAZIONE GENERALE ITALIANA v. ELTING.

Circuit Court of Appeals, Second Circuit.

May 9, 1935.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Joseph F. Luley and Delbert M. Tibbetts, both of New York City, of counsel), for appellee-appellant Navigazione Generale Italiana.

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

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

L. HAND, Circuit Judge.

Both sides appeal from a judgment in an action by a common carrier of aliens to recover for fines unlawfully collected. There were forty-two causes of action, of which the judge dismissed twelve. The plaintiff appeals in eleven; the ninth, thirteenth, fourteenth, fifteenth, twenty-third, twenty-fourth, twenty-sixth, twenty-seventh, twenty-eighth, twenty-ninth, and thirty-second. Judgment was given for...

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