NAVIGAZIONE GENERALE ITALIANA v. UNITED STATES

No. 241.

88 F.2d 608 (1937)

NAVIGAZIONE GENERALE ITALIANA v. UNITED STATES.

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 the United States.

Kirlin, Campbell, Hickox, Keating & McGrann and Gaspare M. Cusumano, all 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 action to recover a fine imposed for unlawfully bringing into the country an alien suffering from gonorrhoea. The examining surgeon certified that the alien's condition could have been detected on embarkation, but on his examination the alien swore that he had no symptoms of the disease until after he left Genoa, the place of embarkation. This would have been enough to excuse the carrier, except for a memorandum of the chief examining...

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