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UNITED STATES v. CHAS. KURZ CO.

Customs Appeal No. 5291.

396 F.2d 1013 (1968)

The UNITED STATES, Appellant, v. CHAS. KURZ CO., Appellee.

United States Court of Customs and Patent Appeals.

June 27, 1968.

Attorney(s) appearing for the Case

Edwin L. Weisl, Jr., Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Arthur H. Steinberg, New York City, for the United States.

Before WORLEY, Chief Judge, and Judges RICH, SMITH, ALMOND, and KIRKPATRICK.

WORLEY, Chief Judge.

Rule 5(b) of the Rules of the United States Customs Court reads:

Whenever it shall be made to appear to a division of this court or a judge before whom a cause, action, or proceeding is pending that the same is not being prosecuted with due diligence, the court may, either upon its own motion or upon the motion of any interested party, enter an order dismissing the said cause, action, or proceeding for lack of...

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