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JOHN BACALL IMPORTS, LTD. v. UNITED STATES

Nos. 23037, 23038.

412 F.2d 586 (1969)

JOHN BACALL IMPORTS, LTD., Appellee, v. UNITED STATES of America, Appellant. UNITED STATES of America, Appellant, v. 42 WOODEN SHIPPING BOXES OF TEXTILE FABRICS, etc., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 1, 1969.

Attorney(s) appearing for the Case

Larry L. Dier (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Asst. U. S. Atty., Chief, Civil Div., Los Angeles, Cal., for appellant.

Herman F. Selvin (argued), Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., of counsel, for appellee.

Before BARNES and CARTER, Circuit Judges, and KILKENNY, District Judge.

JAMES M. CARTER, Circuit Judge:

Two actions were begun in the district court; No. 23,037 by John Bacall Imports, Ltd. (hereafter Bacall Ltd.), the owner of certain merchandise, to obtain its return following a custom seizure and No. 22,038 by the United States to forfeit, pursuant to 19 U.S.C. § 1592, the merchandise which had been seized. The actions were consolidated for trial and a joint judgment entered; in No. 23,037 declaring the merchandise to have been...

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