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NORTH GERMAN LLOYD v. ELTING

No. 276.

96 F.2d 48 (1938)

NORTH GERMAN LLOYD v. ELTING.

Circuit Court of Appeals, Second Circuit.

April 11, 1938.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (David W. Wainhouse, Asst. U. S. Atty., of New York City, of counsel), for appellant.

Colahan & Stanley, of New York City (Ellwood Colahan, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

In August, 1929, the plaintiff transported to New York from Bremen, Germany, a shipment of ten cases supposed to contain earthenware. The cases were so described in the bill of lading, and the plaintiff collected its customary freight rates for earthenware; the freight for the total shipment amounting to only $14. In fact, eight of the ten cases contained Swiss watches and watch movements which the shippers were attempting to smuggle into this...

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