UNITED STATES v. BOE

Appeal No. 76-22.

543 F.2d 151 (1976)

The UNITED STATES, Petitioner, v. Nils A. BOE, Chief Judge, United States Customs Court, Respondent, The Servco Company, Respondent-Party In Interest.

United States Court of Customs and Patent Appeals.

November 4, 1976.


Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Andrew P. Vance, Chief, Customs Section, New York City, Mark K. Neville, Jr., counsel of record, for petitioner.

Nils A. Boe, New York City, counsel of record, for respondent.

Robert Glenn White, Glad, Tuttle & White, Los Angeles, Cal., counsel of record, for respondent-party-in-interest.

E. Thomas Honey, New York City, counsel of record, for amicus curiae.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.


MARKEY, Chief Judge.

The United States (petitioner), pursuant to 28 U.S.C. § 1651(a), petitions for a writ of prohibition and mandamus against The Honorable Nils A. Boe, Chief Judge of the United States Customs Court (respondent), seeking, in Consolidated Customs Court No. 75-5-01351, Servco Company v. United States, (1) to prohibit the Customs Court from asserting jurisdiction over that civil action, (2) to prohibit the Customs Court from engaging in...

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