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CUNARD S. S. CO. v. ELTING

No. 131.

87 F.2d 309 (1937)

CUNARD S. S. CO., Limited, v. ELTING, Collector of Customs of Port of New York.

Circuit Court of Appeals, Second Circuit.

January 4, 1937.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann and Gaspare M. Cusumano, all of New York City (Delbert M. Tibbetts, of New York City, of counsel), for plaintiff-appellant Cunard Steamship Company, Ltd.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellee Philip Elting, Collector of Customs of the Port of New York.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The causes of action in the case at bar were all brought to recover steamship fines alleged to have been imposed upon the Cunard Steamship Company without warrant of law.

The aliens involved in causes of action Nos. 1, 2, and 3 were brought to the Port of New York and, on arrival, were found to be afflicted with loathsome or dangerous contagious diseases which two physicians of the United States Public Health Service certified...

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