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LANCASHIRE SHIPPING CO. v. UNITED STATES

4 F.Supp. 544 (1933)

LANCASHIRE SHIPPING CO., Limited, v. UNITED STATES.

District Court, S. D. New York.

June 14, 1933.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (George C. Sprague, of New York City, of counsel), for plaintiff.

George Z. Medalie, U. S. Atty., of New York City (Frank Chambers, Asst. U. S. Atty., of New York City, of counsel), for defendant.

COXE, District Judge.

This is a suit under the Tucker Act (28 USCA § 41 (20) to recover a penalty of $5,000, paid by the plaintiff under protest, for failing to manifest smoking opium alleged to have been on board the steamship Kendal Castle on her arrival at Brooklyn, N. Y., in September, 1928.

The facts have been mostly all stipulated, and are not in dispute, and the government does not seriously question that under the decision in The Mount Clinton...

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