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PRECISE IMPORTS CORP. v. KELLY

218 F.Supp. 494 (1963)

PRECISE IMPORTS CORP., Mitchell Mogal, Inc. and Topline Industries Corp., Plaintiffs, v. Joseph P. KELLY, Collector of Customs for the Port of New York, et al., Defendants.

United States District Court S. D. New York.

June 14, 1963.

Attorney(s) appearing for the Case

Murray Rosof, New York City, for plaintiffs; A. Bernard King, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York; Thomas H. Baer, Asst. U. S. Atty., of counsel.

FEINBERG, District Judge.

This controversy stems from the decision by defendant Kelly, who is the Collector of Customs for the Port of New York ("the Collector"), to exclude from the United States knives imported by plaintiffs on the ground that they are "switchblade knives" within the meaning of 15 U.S.C. §§ 1241, 1242. Pursuant to this decision, the Collector demanded that knives which plaintiffs had already imported and received be redelivered to the...

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