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PENTAX CORP. v. MYHRA

No. 94-35277.

72 F.3d 708 (1995)

PENTAX CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. Donald W. MYHRA, in his official capacity as District Director of Customs for the District of Great Falls, MT; U.S. Customs Service, an agency of the U.S., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1995.

As Amended on Denial of Rehearing December 26, 1995.

Attorney(s) appearing for the Case

Charles H. Bayar, Bayar Law Office, New York City, for plaintiff-appellant.

E. Roy Hawkens, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

ORDER

The opinion filed July 31, 1995, and published at 61 F.3d 731 (9th Cir.1995), is amended as follows:

1. At slip op. page 9246, (61 F.3d 731, 734), just before part "IV. CONCLUSION," the following two paragraphs are inserted:

Pentax contends that if we dismiss this appeal for lack of subject matter jurisdiction, we should remand the case to the district court with instructions...

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