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UNITED STATES v. HAYS ROOFING & SUPPLY, INC.

No. 71-2988.

490 F.2d 1190 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. HAYS ROOFING & SUPPLY, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 23, 1974.

Attorney(s) appearing for the Case

William D. Keller, U. S. Atty., L. Douglas Brown, Asst. U. S. Atty., Los Angeles, Cal., Walter H. Fleischer, Edwin E. Huddleson, III (Argued) Judith S. Ziss, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Oliver F. Green, Jr., William B. Campbell, Dennis E. Wollan, Geoffrey L. Thomas (Argued) of Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for defendant-appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and MURRAY, District Judge.

WILLIAM D. MURRAY, District Judge:

This is an action by the United States against a shipper of goods in interstate commerce for imposition of civil forfeitures under Section 222(h) of Part II of the Interstate Commerce Act. The lower court granted the motion to dismiss of appellee, Hays Roofing and Supply, Inc., and the government appealed. The judgment of the district court is affirmed.

The United States alleges...

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