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UNITED STATES v. EIGHT BOXES, ETC.

No. 271.

105 F.2d 896 (1939)

UNITED STATES v. EIGHT BOXES CONTAINING VARIOUS ARTICLES OF MISCELLANEOUS MERCHANDISE. In re MARCEL ROCHAS, Inc.

Circuit Court of Appeals, Second Circuit.

June 30, 1939.

Attorney(s) appearing for the Case

Evarts, Choate, Curtin & Leon, of New York City (Maurice Leon, of New York City, of counsel), for claimant-appellant.

Gregory F. Noonan, U. S. Atty., and Dolores C. Faconti, Asst. U. S. Atty., both of New York City, for libellant-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from an order entered in the above suit brought by the government to forfeit certain merchandise imported by Marcel Rochas, Inc., because it was smuggled into the United States in violation of Section 593 of the Tariff Act of 1930. After the unlawful importation Marcel Rochas, Inc., became a bankrupt. The trustee in bankruptcy thereupon sought to intervene as claimant of the goods, to open the default which the bankrupt...

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