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NAVIGAZIONE GENERALE ITALIANA v. ELTING

No. 239.

88 F.2d 605 (1937)

NAVIGAZIONE GENERALE ITALIANA v. ELTING, Collector of Customs of Port of New York.

Circuit Court of Appeals, Second Circuit.

March 8, 1937.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (Charles J. Nager, Asst. U. S. Atty., of Rye, N. Y., of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action to recover fines imposed for unlawfully bringing four aliens into the United States. The same question determines each case; that is, whether the alien was "returning from a temporary visit abroad" within the meaning of section 2(d) of the Quota Act of 1921 (42 Stat. 5). The regulations adopted under that act (section 2 (a) construed the...

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