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UNITED STATES v. AVDEL CORP.

Customs Appeal No. 76-2.

546 F.2d 901 (1977)

The UNITED STATES, Appellant, v. AVDEL CORPORATION, Appellee.

United States Court of Customs and Patent Appeals.

January 13, 1977.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Andrew P. Vance, Chief, Customs Section, Saul Davis, New York City, for the United States.

Rode & Qualey, New York City, attorneys of record, for appellee, Michael S. O'Rourke, New York City, of counsel.

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

MILLER, Judge.

This appeal is from the order of the United States Customs Court, 75 Cust.Ct. ___, P75/510 (1975), granting appellee's motion for summary judgment on the basis of the decision on identical merchandise in Avdel Corp. v. United States, 73 Cust.Ct. 200, C.D. 4575 (1974) (hereinafter the "first Avdel case"). In awarding summary judgment, the Customs Court held that the merchandise, which had been...

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