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AZURIN v. VON RAAB

No. 86-2154.

803 F.2d 993 (1986)

Ramon AZURIN; Gregorio Araneta, Plaintiffs-Appellees, v. William VON RAAB, in his capacity as Commissioner of Customs of the United States Customs Service, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 29, 1986.

Attorney(s) appearing for the Case

Anderson, Hibey, Nauheim & Blair, Richard A. Hibey, Timothy M. Broas, Gordon A. Coffee, Washington, D.C., for plaintiffs-appellees.

Richard K. Willard, Asst. Atty. Gen., Daniel A. Bent, U.S. Atty., John F. Cordes, Nicholas S. Zeppos, Gregory S. U.S. Dept. of Justice, Walden, Washington, D.C., for defendant-appellant.

Republic of the Philippines, Presidential Commission on Good Government, Republic of the Philippines Severina B. Rivera, Mark D. Bernstein, Honolulu, Hawaii, for amicus curiae.

Before WALLACE, ALARCON, and BEEZER, Circuit Judges.

WALLACE, Circuit Judge:

The United States Customs Service (Customs) appeals from an order of the district court issuing a writ of mandamus requiring it to release from custody certain property imported into the country. The district court had jurisdiction pursuant to 28 U.S.C. § 1361. We have jurisdiction under 28 U.S.C. § 1291. We conclude that the writ of mandamus was improperly issued.

I

This dispute arises out of the highly publicized...

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