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UNITED STATES v. BAR BEA TRUCK LEASING CO., INC.

Appeal Nos. 82-36, 83-515.

713 F.2d 1563 (1983)

The UNITED STATES, The United States Customs Service, Benjamin C. Jefferson, Peter Noonan and Melvin Minsky, Appellants/Cross-Appellees, v. BAR BEA TRUCK LEASING CO., INC., Bar-Mar Warehouse Co., Inc., Appellees/Cross-Appellants.

United States Court of Appeals, Federal Circuit.

August 11, 1983.

Attorney(s) appearing for the Case

John J. Mahon, New York City, argued for cross-appellants. With him on the briefs were J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director, Joseph I. Liebman, Atty. in Charge and Saul Davis, New York City.

Frederic J. Gross, Haddonfield, N.J., argued for cross-appellee.

Before MARKEY, Chief Judge, and FRIEDMAN and KASHIWA, Circuit Judges.

MARKEY, Chief Judge.

The government appeals from that part of a judgment of the United States Court of International Trade (CIT), 456 F.Supp. 558, holding that Bar-Mar Warehouse Co., Inc. (Corporation II) is the "de facto" holder of customhouse license 1777 (the license) issued to Bar-Mar Trucking Co., Inc. (Corporation I), and enjoining the government from nullifying the license.

Corporation II and Bar Bea Truck Leasing Co., Inc. (Corporation III) cross-appeal...

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