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UNITED STATES v. RELIABLE CHEMICAL CO.

Appeal No. 79-8. C.A.D. 1232.

605 F.2d 1179 (1979)

The UNITED STATES, Appellant, v. RELIABLE CHEMICAL COMPANY, Appellee.

United States Court of Customs and Patent Appeals.

September 13, 1979.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Acting Director, Joseph I. Liebman, Saul Davis, New York City, for the United States.

Ralph W. Kalish, St. Louis, Mo., attorney of record, for appellee.

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

PENN, Judge.

This is an interlocutory appeal, pursuant to 28 U.S.C. § 1541(b),1 from an order and opinion of the United States Customs Court, reported at 81 Cust.Ct. 154, C.R.D. 78-11, 465 F.Supp. 1291 (1978), denying the Government's (appellant's) motion to dismiss for lack of jurisdiction. We reverse.

Background

Reliable Chemical Company (appellee) imported certain merchandise...

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