Papaliolios v. Durning

RIFKIND, District Judge.

After a decision in this case by the Court of Appeals, 2 Cir., 175 F.2d 73, an amended and supplemental complaint was served to which defendant filed an amended answer. The plaintiffs now move for summary judgment granting the following relief: (1) a declaratory judgment construing Sec. 20(a) of the Immigration Act of 1924, 8 U.S.C.A. § 167, with respect to the right or authority of the defendant, the Collector of Customs, to withhold clearance from a vessel in order to enforce payment of a fine theretofore administratively imposed under Sec. 20(a), in a case in which…