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LANCASHIRE SHIPPING CO. v. DURNING

No. 351.

98 F.2d 751 (1938)

LANCASHIRE SHIPPING CO., Ltd., v. DURNING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

August 1, 1938.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall and Helen F. Tuohy, both of New York City, of counsel), for appellant.

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmaker, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

Originally it was thought that the decision in Compagnie Generale Transatlantique v. Elting, 298 U.S. 217, 56 S.Ct. 770, 80 L.Ed. 1151, controlled the disposition of this appeal and the judgment was reversed without opinion, 96 F.2d 1018, on the authority of that case. On petition for rehearing, however, it has been made clear that a valid fine was imposed and so further consideration...

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