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LLOYD SABAUDO SOCIETA, ANONIMA PER AZIONI v. ELTING

No. 178.

80 F.2d 869 (1936)

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

Circuit Court of Appeals, Second Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., and Richard Delafield, Sp. Asst. U. S. Atty., both of New York City, of counsel), for appellant.

Delbert M. Tibbetts, of New York City, for appellee.

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

L. HAND, Circuit Judge.

The defendant, the Collector of the Port of New York, appeals from a judgment for $1000 entered against him in an action to recover a fine unlawfully collected by him, virtute officii. The plaintiff, a carrier, on January 18, 1925, brought to New York an Italian who was blind and did not have a quota immigration visa. This alien was therefore excludable under section 3 of the Immigration Act of 1917 (8 U.S.C.A. § 136), because he suffered...

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