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HAMBURG-AMERICAN LINE v. UNITED STATES

No. 350.

65 F.2d 369 (1933)

HAMBURG-AMERICAN LINE v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 8, 1933.

Attorney(s) appearing for the Case

John M. Lyons, of New York City (Roger O'Donnell, of Washington, D. C., of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (Frank Chambers and George B. Schoonmaker, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

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

L. HAND, Circuit Judge.

The plaintiff sued under the Tucker Act (24 Stat. 505) to recover for money paid to discharge a fine levied by the Secretary of Labor as a penalty for bringing in an alien without visa under section 16 (a) of the Quota Act of 1924 (8 USCA § 216 (a). The complaint alleged that the plaintiff was a common carrier — the owner of a line of steamers — which had in 1928 brought to the port of New York one, O'Reilly, an alien, who...

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