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U.S. v. ARTICLES OF BANNED HAZARDOUS SUBSTANCES

No. 686, Docket 92-6271.

34 F.3d 91 (1994)

UNITED STATES of America, Appellant, v. ARTICLES OF BANNED HAZARDOUS SUBSTANCES CONSISTING OF AN UNDETERMINED NUMBER OF CANS OF RAINBOW FOAM PAINT, Defendant, Linda Weill and X-Tra Art, Inc., Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 2, 1994.

Attorney(s) appearing for the Case

Michael S. Raab, U.S. Dept. of Justice, Washington, DC (Frank W. Hunger, Asst. Atty. Gen., Douglas N. Letter, David A. Levitt, Attys., U.S. Dept. of Justice, Washington, DC, Albert S. Dabrowski, U.S. Atty. for the D. of Conn., Christopher F. Droney, U.S. Atty. for the D. of Conn., New Haven, CT, Jerry G. Thorn, General Counsel, Alan Shakin, Asst. General Counsel, Jayme Rizzolo Epstein, Atty., U.S. Consumer Product Safety Com'n, Washington, DC, of counsel), for appellant.

John F. Triggs, New York City (Jacobson & Triggs, of counsel), for claimants-appellees.

Before: KEARSE, PIERCE and JACOBS, Circuit Judges.

PIERCE, Circuit Judge:

The United States ("Government") appeals from an April 19, 1993 order of the United States District Court for the District of Connecticut (Peter C. Dorsey, Judge). On April 26, 1991, the United States Attorney for the District of Connecticut initiated a civil forfeiture action, arising under the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261-1276, against an undetermined number of cans of Rainbow Foam Paint. On September...

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