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  5. 314 F.Supp. 179 (1970)
 

UNITED STATES v. 16,179 MOLSO ITAL. .22 CAL. WINLEE D. C. S. GUNS

Nos. 70 C 562, 70 C 475.

314 F.Supp. 179 (1970)

UNITED STATES of America, Plaintiff, v. 16,179 MOLSO ITALIAN .22 CALIBER WINLEE DERRINGER CONVERTIBLE STARTER GUNS, Defendant. Goodwin LEE, doing business as Westbury Sales Co., Plaintiff, v. David M. KENNEDY, as Secretary of the Treasury, Randolph W. Thrower, as Commissioner of Internal Revenue, Lester D. Johnson, as Commissioner of Customs, Harold A. Serr, as Director of the Alcohol, Tobacco and Firearms Division of the Internal Revenue Service of the Department of the Treasury, and John L. Piper, Chief, Enforcement Branch of the Alcohol, Tobacco and Firearms Division of the Internal Revenue Service of the Department of the Treasury, Defendants.

United States District Court, E. D. New York.

June 16, 1970.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., E.D. New York, for the United States by Michael F. Crawford, Asst. U. S. Atty.

Sidney Schreiberg, New York City, for Goodwin Lee.

BRUCHHAUSEN, District Judge.

Action, entitled No. 70 C 475, was commenced on April 16, 1970, by the plaintiff therein, Goodwin Lee, an importer and dealer in guns, to enjoin the Government from confiscating and destroying 16,179 starter pistols, imported by him from Italy, and to restrain the Bureau of Customs from assessing duties thereon.

Certain pistols, imported by Lee, prior to May 5, 1969, were found admissible to this country and not in violation of...

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