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U.S. v. 1903 OBSCENE MAGAZINES

No. 881, Docket 89-6228.

907 F.2d 1338 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. 1903 OBSCENE MAGAZINES, CUSTOMS SEIZURE NUMBER 88-0901-00001 and 800 Magazines, Seizure Number PX 88/56, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Joseph M. Latona, Buffalo, N.Y. (Paul J. Cambria, Jr., and Cherie L. Peterson, Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y., of counsel), for defendants-appellants.

Martin J. Littlefield, Asst. U.S. Atty., W.D.N.Y., Buffalo, N.Y. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., Buffalo, N.Y., of counsel), for plaintiff-appellee.

Before KEARSE, CARDAMONE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal requires us to interpret the meaning of the words "from any foreign country." The question arises in a commercial setting between Trans World News of Cleveland, Ohio (Trans World) and North American News of Toronto, Canada (North American), two companies that have been doing business with each other for over 20 years. In the instant case Trans World shipped nearly 70,000 magazines to Canada. When the shipments reached the Canadian...

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