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UNITED STATES v. NOVELTY IMPORTS, INC.

Customs Appeal No. 5505.

476 F.2d 1385 (1973)

The UNITED STATES, Appellant, v. NOVELTY IMPORTS, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 3, 1973.

Attorney(s) appearing for the Case

Harlington Wood, Jr., Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, John A. Gussow, New York City, for the United States.

Serko & Sklaroff, New York City, attorneys of record, for appellee; Murray Sklaroff, New York City, of counsel.

John S. Rode, New York City, of counsel, amicus curiae.

Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, and ALMOND, Senior Judge.

RICH, Judge.

This is an interlocutory appeal under 28 U.S.C. § 1541(b), as amended, and Rule 13.2 of the Customs Court, from an order of the United States Customs Court in Novelty Imports, Inc. v. United States, 68 Cust.Ct. 362, C.R.D. 72-7, 341 F.Supp. 1228 (1972), denying appellant's motion to vacate a decree nisi and an order which had dismissed the civil action with respect to only two of the several entries contained...

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