Cunard Steamship Company v. Elting

Full title: CUNARD STEAMSHIP COMPANY, Ltd., Appellant, v. Philip ELTING, Collector of…

Court: Circuit Court of Appeals, Second Circuit

Date published: Nov 30, 1936

86 F.2d 997 (2d Cir. 1936)

Opinion

No. 86.

November 30, 1936.

Appeal from the District Court of the United States for the Southern District of New York.

Kirlin, Campbell, Hickox, Keating McGrann and Gaspare M. Cusumano, all of New York City (Delbert M. Tibbetts and J.F. Luley, 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 L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

Judgment affirmed on the authority of section 3(5) of the Immigration Act of 1924 (8 U.S.C.A. § 203(5), and Karnuth v. United States, 279 U.S. 231, 49 S.Ct. 274, 73 L.Ed. 677, and International Mercantile Marine Co. v. Elting (C.C.A.) 74 F.2d 661 (fifth cause of action).