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JOHN BACALL IMPORTS, LTD. v. UNITED STATES

Civ. Nos. 67-88-F, 67-1513-F.

287 F.Supp. 916 (1968)

JOHN BACALL IMPORTS, LTD., a California corporation, Plaintiff, v. UNITED STATES of America; Lester D. Johnson, Commissioner of Customs; Frank R. Creed, Regional Commissioner, Region VII; William R. Knoke, District Director of Customs; Oscar W. Polcuch, Customs Agent in Charge; John A. Dresser, Staff Officer, Customs Agency, Region V; Melvin C. Johnson, Supervising Customs Agent, Headquarters, Region V, Defendants. UNITED STATES of America, Plaintiff, v. 42 WOODEN SHIPPING BOXES OF TEXTILE FABRICS 2 Cardboard Cartons of Textile Fabrics 8 Boxes of Miscellaneous Pieces Fabrics 2 Drums Trash 5,322 Rolls & "Boards" of Textile Fabrics, Defendants.

United States District Court C. D. California.

March 27, 1968.

Attorney(s) appearing for the Case

Bernard B. Laven, Los Angeles, Cal., for plaintiff in Case No. 67-88-F, and for defendant in Case No. 67-1513-F.

Wm. Matthew Byrne, U. S. Atty., Larry L. Dier, Asst. U. S. Atty., Los Angeles, Cal., for defendant in Case No. 67-88-F and for plaintiff in Case No. 67-1513-F.

MEMORANDUM OPINION

FERGUSON, District Judge.

The matter before the court is a consolidation of two separate actions: A complaint filed by the government pursuant to 19 U.S.C. § 1592 for forfeiture of certain items of merchandise which it had seized, and a complaint filed by the owner of the merchandise to obtain its return.

I. STATEMENT OF FACTS

John Bacall Imports, Ltd., is a oneman corporation...

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