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PAPALIOLIOS v. DURNING

No. 275, Docket 21004.

167 F.2d 737 (1948)

PAPALIOLIOS v. DURNING, Collector of Customs.

Circuit Court of Appeals, Second Circuit.

May 4, 1948.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City, (D. M. Tibbetts, of New York City, of counsel), for plaintiff-appellant.

John F. X. McGohey, U. S. Atty., of New York City, (Arthur C. Power, of New York City, of counsel), for defendant-appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying the plaintiff's motion for a temporary injunction in a declaratory judgment action brought by the master of the steamship Loida against the collector of customs of the Port of New York. The question in controversy is whether 8 U.S.C.A. § 167 authorizes the collector to deny clearance to said vessel unless payment shall be made of a fine administratively imposed against...

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