Cosulich Societa Triestina Di Navigazione v. Elting

Second Circuit

Cosulich Societa Triestina Di Navigazione v. Elting

74 F.2d 240, 1934 U.S. App. LEXIS 3923, 1935 A.M.C. 55

CourtCourt of Appeals for the Second Circuit

DecidedDecember 10, 1934

DocketNo. 62

StatusPublished

Cited by2 cases

This text of 74 F.2d 240 (Cosulich Societa Triestina Di Navigazione v. Elting) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cosulich Societa Triestina Di Navigazione v. Elting, 74 F.2d 240, 1934 U.S. App. LEXIS 3923, 1935 A.M.C. 55 (2d Cir. 1934).

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Opinion

MANTON, Circuit Judge.

The appellee’s steamship Vulcania, sailing from Italy to New York, arrived July 9,1929, carrying a 6 year old alien who, upon arrival was found to be suffering from a ringworm of the sealp> a loathsome and dangerous contagious disease.

This case differs from the ease of Lamport & Holt, Ltd., v. Elting (C. C. A. 2) 74 F.(2d) 238, decided this day, in that, while the child was ordered excluded, she was permitted to come in because her father was an American citizen, who requested that the alien be given hospital treatment. This was granted, and she was subsequently cured. There was a lawful admission. Immigration Act 1917, § 22, 8 U. S. C. § 159 (8 USCA § 159). Admission was lawful under the rule of Lloyd Sabaudo Societa v. Elting, 55 F.(2d) 1048 (C. C. A. 2). For the reasons announced in our decision in the ease of Lamport & Holt, Ltd., v. Elting, this judgment should be affirmed.

Judgment affirmed.

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MANTON, Circuit Judge.

The appellee’s steamship Vulcania, sailing from Italy to New York, arrived July 9,1929, carrying a 6 year old alien who, upon arrival was found to be suffering from a ringworm of the sealp> a loathsome and dangerous contagious disease.

This case differs from the ease of Lamport & Holt, Ltd., v. Elting (C. C. A. 2) 74 F.(2d) 238, decided this day, in that, while the child was ordered excluded, she was permitted to come in because her father was an American citizen, who requested that the alien be given hospital treatment. This was granted, and she was subsequently cured. There was a lawful admission. Immigration Act 1917, § 22, 8 U. S. C. § 159 (8 USCA § 159). Admission was lawful under the rule of Lloyd Sabaudo Societa v. Elting, 55 F.(2d) 1048 (C. C. A. 2). For the reasons announced in our decision in the ease of Lamport & Holt, Ltd., v. Elting, this judgment should be affirmed.

Judgment affirmed.

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74 F.2d 240, 1934 U.S. App. LEXIS 3923, 1935 A.M.C. 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosulich-societa-triestina-di-navigazione-v-elting-ca2-1934.

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