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NAVIGAZIONE GENERALE ITALIANA v. ELTING

No. 242.

88 F.2d 609 (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 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 appeal from a judgment for the plaintiff in an action to recover fines collected for unlawfully bringing three aliens into the United States. The first had trachoma, and the only question is whether a certificate of the carrier's examining doctor at the port of embarkation should have been submitted to the local surgeons in accordance with Fusco's Case (Lloyd Sabaudo Societa v. Elting), 287 U.S. 329

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