Navigazione Generale Italiana v. Elting

L. HAND, Circuit Judge.

This is an appeal from a judgment' for the plaintiff in an action to recover fines collected for unlawfully bringing three aliens into the United States. The first had trachoma, and the only question is whether a certificate of the carrier’s examining doctor at the port of embarkation should have been submitted to the local surgeons in accordance with Fusco’s Case (Lloyd Sabaudo Societa v. Elting), 287 U.S. 329, 338-340, 53 S.Ct. 167, 171, 172, 77 L.Ed. 341. The certificate merely said that the alien had been examined at the time of embarkation and previously at the…