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UNITED STATES v. TORCH MANUFACTURING CO., INC.

Customs Appeal No. 74-33.

509 F.2d 1187 (1975)

The UNITED STATES, Appellant, v. TORCH MANUFACTURING CO., INC., Appellee.

United States Court of Customs and Patent Appeals.

February 13, 1975.

Attorney(s) appearing for the Case

Carla A. Hills, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Joseph I. Liebman, New York City, for the United States.

Stanley S. Getzoff, Joseph Winston, New York City, attys. of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges.

MILLER, Judge.

This is an appeal from a judgment of the United States Customs Court denying defendant-appellant's motion to dismiss and granting plaintiff-appellee's motion for summary judgment.1 We reverse.

The case was commenced in the Customs Court in 1967. Pursuant to Rules 14.6 and 14.9 of the court, it was placed in the October 1970 Reserve File. No action having been taken by October 31, 1972, to remove the case from the...

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