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UNITED STATES v. ONE CARTON POSITIVE MOTION PICTURE FILM

No. 286, Docket 30156.

367 F.2d 889 (1966)

UNITED STATES of America, Appellee, v. ONE CARTON POSITIVE MOTION PICTURE FILM ENTITLED "491" (35 mm. Black & White, 5 Double Reels, 9610 feet, Swedish Soundtrack with English Subtitles), Janus Films, Inc. (Claimant), Appellant.

United States Court of Appeals Second Circuit.

Decided October 20, 1966.

Attorney(s) appearing for the Case

Ephraim London, Brennan, London & Buttenweiser, New York City (Helen L. Buttenweiser and Patricia A. Garfinkel, Brennan, London & Buttenweiser, New York City, on the brief), for appellant.

Arthur S. Olick, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, Judith N. Stein, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Appellant, Janus Films, Inc. (Janus), a major film distributor in the United States, sought to import a full-length feature Swedish film entitled "491" into the United States. The film arrived in New York City in October, 1964 and, thereafter, was seized under Section 305 of the Tariff Act of 1930, 19 U.S.C. § 1305,1 by the Collector of Customs on the ground that it...

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