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TRANSATLANTICA ITALIANA v. ELTING

No. 144.

74 F.2d 732 (1935)

TRANSATLANTICA ITALIANA v. ELTING, Collector.

Circuit Court of Appeals, Second Circuit.

January 7, 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 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.

PER CURIAM.

The plaintiff, an ocean carrier, sued the collector for wrongfully compelling it to pay three fines of $1,000 each for importing three aliens into the United States, who were excluded, two as illiterates and the third as trachomatous. The question is whether the illiterates were within either the first or seventh provisos of section 3 of the Immigration Act of 1917 (8 USCA § 136 (o, p) and whether the third alien was within the seventh proviso...

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