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AMICO, INC. v. UNITED STATES

Appeal No. 78-6.

586 F.2d 217 (1978)

AMICO, INC., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

October 26, 1978.

Attorney(s) appearing for the Case

Allerton deC. Tompkins, Tompkins & Davidson, New York City, attys. of record, for appellant.

Barbara Allen Babcock, Asst. Atty. Gen., David M. Cohen, Chief, Customs Section, Washington, D. C., Susan C. Cassell, New York City, for the United States.

Before MARKEY, Chief Judge, RICH, BALDWIN, MILLER, Associate Judges, and FORD, Judge.

RICH, Judge.

This appeal is from the judgment of the United States Customs Court, 79 Cust.Ct. 125, C.D. 4723, 447 F.Supp. 444 (1977), denying the importer's motion for summary judgment and granting1 the Government's cross-motion for summary judgment. We affirm in part and reverse in part.

The imports were invoiced as "Musical Dancing Couple" or "Dancing Figures." The bottom portion of each...

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