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INTERNATIONAL MERCANTILE MARINE CO. v. ELTING

No. 85.

74 F.2d 661 (1935)

INTERNATIONAL MERCANTILE MARINE CO. v. ELTING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

January 14, 1935.

Attorney(s) appearing for the Case

Roger O'Donnell, of Washington, D. C., and John M. Lyons, of New York City, for appellant.

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

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

L. HAND, Circuit Judge.

This was an action by a carrier to recover the sums paid upon twelve fines imposed for bringing in illiterate aliens. It recovered judgment upon one and appealed in eleven. Different considerations apply to each of these and we are obliged to consider them separately.

First Cause of Action.

This alien was a Cuban girl coming in for the first time. The case was tried in the District Court upon the record made before the board...

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