NORDBY SUPPLY CO. v. UNITED STATES

No. 77-2059.

572 F.2d 1377 (1978)

NORDBY SUPPLY COMPANY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Ninth Circuit.

April 10, 1978.


Attorney(s) appearing for the Case

Gilbert E. Andrews, Washington, D. C., for appellant.

Charles E. Watts, Seattle, Wash., for appellee.

Before BROWNING, GOODWIN, and KENNEDY, Circuit Judges.


PER CURIAM:

The United States appeals from a judgment in favor of the Nordby Supply Co. (Nordby), finding Nordby entitled to a refund of $2,714.25 for taxes paid. We reverse and remand.

Nordby imported and sold fishing lures under the trade name "Husky". The lures were packaged without hooks in groups of ten. Each package was marked "Designed and Sold for Commercial Fishing Only". In all other respects, the lures were identical to lures used in recreational...

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