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"ITALIA" SOCIETA ANONIMA DI NAVIGAZIONE v. DURNING

No. 100.

115 F.2d 711 (1940)

"ITALIA" SOCIETA ANONIMA DI NAVIGAZIONE v. DURNING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

December 2, 1940.

Attorney(s) appearing for the Case

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

John T. Cahill, U. S. Atty., of New York City (William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for appellee.

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

PER CURIAM.

This is an appeal from a judgment dismissing a complaint in an action to recover two fines paid to the defendant as penalties for importing two aliens in violation of § 145, Title 8 U.S.C.A. They were husband and wife, and the wife was admittedly excludable as an illiterate unless the husband was admissible, in which case she could have come in under § 136(o). Thus the propriety of both fines depended upon the inadmissibility of the husband...

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