Navigazione Generale Italiana v. Elting

L. HAND, Circuit Judge.

Both sides appeal from a judgment in an action by a common carrier of aliens to recover for fines unlawfully collected. There were forty-two causes of action, of which *272the judge dismissed twelve. The plaintiff appeals in eleven; the ninth, thirteenth, fourteenth, fifteenth, twenty-third, twenty-fourth, twenty-sixth, twenty-seventh, twenty-eighth, twenty-ninth, and thirty-second. Judgment was given for the plaintiff upon six causes of action, from all of which the defendant appeals. We take up the plaintiff’s appeal first.

Ninth Cause of Action.

The alien was excluded as…