DIOGUARDI v. DURNING

No. 157.

139 F.2d 774 (1944)

DIOGUARDI v. DURNING, Collector of Customs, Port of New York.

Circuit Court of Appeals, Second Circuit.

January 3, 1944.


Attorney(s) appearing for the Case

John Dioguardi, of Brooklyn, N. Y., pro se.

Marvin M. Notkins, Asst. U. S. Atty., of New York City (James B. M. McNally, U. S. Atty., of New York City, on the brief), for defendant-appellee.

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


CLARK, Circuit Judge.

In his complaint, obviously home drawn, plaintiff attempts to assert a series of grievances against the Collector of Customs at the Port of New York growing out of his endeavors to import merchandise from Italy "of great value," consisting of bottles of "tonics." We may pass certain of his claims as either inadequate or inadequately stated and consider only these two: (1) that on the auction day, October 9, 1940, when defendant sold the merchandise...

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