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YALE U. v. UNITED STATES DEPT. OF COMMERCE, ETC.

Appeal Nos. 76-18, 76-30.

579 F.2d 626 (1977)

YALE UNIVERSITY, Appellant, v. UNITED STATES DEPARTMENT OF COMMERCE, DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION, OFFICE OF IMPORT PROGRAMS, Appellee. BROWN UNIVERSITY, Appellant, v. UNITED STATES DEPARTMENT OF COMMERCE, DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION, OFFICE OF IMPORT PROGRAMS, Appellee.

United States Court of Customs and Patent Appeals.

December 1, 1977.

Attorney(s) appearing for the Case

Jose A. Cabranes, Legal Adviser and Director of Gov't Relations, John B. Latella, Asst. Legal Adviser, New Haven, Conn., attorneys of record, for Yale University, appellant.

Mark A. Pfeiffer, Tillinghast, Collins & Graham, Providence, R. I., attys. of record, for Brown University, appellant.

Barbara Allen Babcock, Asst. Atty. Gen., William Kanter, Mary Gallagher, Washington, D. C., attys. of record, for Dept. of Justice, Civil Division, Appellant Section, appellee.

Eleanor D. Acheson, Ropes & Gray, Boston, Mass., attys. of record, for Harvard University, amicus curiae.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and SCOVEL RICHARDSON, Associate Judge, United States Customs Court.

BALDWIN, Judge.

This is an appeal pursuant to 28 U.S.C. § 15441 from separate decisions of the Secretary of Commerce denying a duty exemption for scientific equipment purchased and imported by appellants. The two cases are consolidated as both present identical questions of law from essentially the same fact patterns. The statutory authority for the duty exemption is the Educational, Scientific...

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