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UNITED STATES v. 16,179 MOLSO ITAL. .22 CAL. WINLEE DER., ETC.

No. 701, Docket 35490.

443 F.2d 463 (1971)

UNITED STATES of America, Appellee, v. 16,179 MOLSO ITALIAN .22 CALIBER WINLEE DERRINGER CONVERTIBLE STARTER GUNS, Appellant. Goodwin LEE, doing business as Westbury Sales Co., Appellant, v. David M. KENNEDY, as Secretary of the Treasury, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1971.

Attorney(s) appearing for the Case

Michael F. Crawford, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty. for the Eastern District of New York, and David G. Trager, Asst. U. S. Atty., on the brief), for appellee.

Sidney Schreiberg, New York City, for appellants.

Before FRIENDLY, Chief Judge, and LUMBARD and HAYS, Circuit Judges.

LUMBARD, Circuit Judge:

Goodwin Lee appeals from a combined judgment of the Eastern District of New York, entered in two cases which were tried together before Judge Bruchhausen, which condemned 16,179 Molso Italian .22 caliber Derringer Starter Guns belonging to Lee. Lee also appeals from Judge Bruchhausen's dismissal of his suit to enjoin the government from confiscating these same starter pistols that Lee had imported from Italy.

The only question is whether...

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