July 16, 1931. George Z. Medalie, U.S. Atty., of New York City (Morton Baum, Asst. U.S. Atty., of New York City, of counsel), for the motion. John M. Lyons, of New York City (Mark E. Cymrot, of New York City, of counsel), opposed. At Law. Action by the Hamburg American Line against the United States. On motion to dismiss the complaint. Motion granted. On motion to dismiss a complaint brought by the agent of the steamship Legie to recover a fine for $1,000, imposed on the steamship at Baltimore, Md

(a) Penalties for failure The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration officer at the expense of the airline, any alien crewman employed thereon until an immigration officer has completely inspected such alien crewman, including a physical examination by the medical

(a)Revocation and removal while vessel is in the United States. A crewman whose landing permit is subject to revocation pursuant to section 252(b) of the Act may be taken into custody by any immigration officer without a warrant of arrest and be transferred to the vessel of arrival, if the vessel is in any port in the United States and has not departed foreign since the crewman was issued his or her conditional landing permit. Detention and removal of the crewman shall be at the expense of the transportation