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U.S. v. EIGHTY-NINE (89) BOTTLES OF EAU DE JOY

No. 85-2007.

797 F.2d 767 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. EIGHTY-NINE (89) BOTTLES OF "EAU DE JOY," "100," "Eau de Patou," "Joy," "Caline," and "Eau de Caline" Perfumes, Defendants, and Jacqueline de Nola, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1986.

Attorney(s) appearing for the Case

Lynn K. Richardson, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Joseph L. Strabala, San Francisco, Cal., for defendants and intervenor-appellee.

Before NELSON, CANBY and NOONAN, Circuit Judges.

CANBY, Circuit Judge:

This is a civil in rem action in which the United States sought forfeiture of some perfumes it contends were imported in violation of the Tariff Act of 1930, 19 U.S.C. § 1526(a) (1982). Upon a motion from intervenor de Nola, the district court granted summary judgment for defendant perfumes; it denied the government's summary judgment motion. The government appeals, and we now reverse.

BACKGROUND

Intervenor Jacqueline...

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