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U.S. v. TUCOR INTERN., INC.

No. 98-10316.

189 F.3d 834 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. TUCOR INTERNATIONAL, INC.; Tucor Industries, Inc., d/b/a Tucor Moving & Storage; Philippine-American Moving & Storage Corporation; Luzon Moving & Storage Corporation; George Schultze, Sr.; George Schultze, Jr., Defendants-Appellees, and D.M. Nazareno & Sons, Inc.; Apex Moving & Storage Corporation; Jose C. Singson, Jr.; Arturo G. Nazareno, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 1999.

Attorney(s) appearing for the Case

Robert J. Wiggers, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Phillip Torres, Gayle & Teker, Agana, Guam; James R. Wyrsch, Wyrsch Hobbs Mirakian & Lee, Kansas City, Missouri; Warren L. Dean, Thompson Coburn, Washington, D.C., for the defendants-appellees.

Before: SCHROEDER, REINHARDT, and SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

Section 7(a)(4) of the Shipping Act of 1984 states: "The antitrust laws do not apply to . . . any agreement or activity concerning the foreign inland segment of through transportation provided in a United States import or export trade." We hold that this language is clear and unambiguous, and exempts from criminal prosecution those engaged in trucking household goods to and from points entirely within a foreign country as part of "through...

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