Court of Appeals for the Second Circuit June 18, 1913, No. 230 (United States v. Atlantic Fruit Co.)

lead-opinion

NOYES, Circuit judge

(after stating the facts as above). The real question in this case is whether a civil action can be maintained for the recovery of the fines prescribed by this statute. It is not material whether a criminal prosecution could also be instituted. A civil remedy may exist without being exclusive.

There are two lines of authorities leading up to this question.