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IMPERIAL PRODUCTS, INC. v. UNITED STATES

C.D. 4672, Court No. 72-11-02357.

425 F.Supp. 852 (1976)

IMPERIAL PRODUCTS, INC. v. UNITED STATES.

United States Customs Court.

November 5, 1976.

Attorney(s) appearing for the Case

Stein & Shostak, Los Angeles, Cal. (Marjorie M. Shostak, Los Angeles, Cal., of counsel) for plaintiff.

Rex E. Lee, Asst. Atty. Gen., Washington, D.C. (Robert B. Silverman, New York City, trial atty.), for defendant.

FORD, Judge.

Pursuant to rule 8.2 of the rules of the court, plaintiff has moved for summary judgment. Defendant has filed opposition thereto on the ground that the following issues of fact are subject to trial:

(1) Was such or similar merchandise freely sold to other purchasers?

(2) Did the price at which such or similar merchandise was freely sold to other purchasers include the royalty fee incurred by plaintiff herein?

(3) Did the price...

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