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U.S. v. BLUM

No. 87-1436.

858 F.2d 1566 (1988)

The UNITED STATES, Plaintiff/Appellant, v. Joseph BLUM and E.C. McAfee & Co., Defendants/Appellees. ST. PAUL FIRE AND MARINE INS. CO., Defendant/Third-Party-Plaintiff/Appellee, v. INTERNATIONAL CITRUS OF CANADA, INC., and International Citrus of Canada, Ltd., Third-Party Defendants.

United States Court of Appeals, Federal Circuit.

September 30, 1988.

Attorney(s) appearing for the Case

A. David Lafer, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for plaintiff/appellant. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson. Also on the brief was Martin J. Ward, U.S. Customs Service, of counsel.

James Caffentzis, Fitch, King & Caffentzis, New York City, argued for defendants/appellees.

Leonard L. Rosenberg, Sandler & Travis, P.A., Miami, Fla., argued for defendant/third-party-plaintiff/appellee.

Before FRIEDMAN, SMITH, and MAYER, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

In this international trade case, the United States appeals from the judgment of the United States Court of International Trade in United States v. Blum,1 by which that court dismissed the action for import duties, pursuant to 19 U.S.C. § 1592(d) (1982), brought by the United States against appellees, E.C. McAfee & Company (McAfee) and against St. Paul Fire and Marine Insurance Company (St...

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