Legal Opinion
United States v. Barney A. Gertz, Owner of 3,827 Coins Being Likenesses of the 1847 'Hapa Haneri' Issued by the Hawaiian Government
Court of Appeals for the Ninth Circuit
Decided November 25, 1957No. 15485_1PublishedCited by 56 opinions
1Opinion of the Court
HAMLEY, Circuit Judge.
In this action, the United States seeks forfeiture of 3,827 coins which it has seized from the owner, Barney A. Gertz. It is alleged in the government’s libel of information that these coins are likenesses of the hapa haneri coin of the former Kingdom of Hawaii. Their unauthorized possession by Gertz, the government contends, is unlawful under 18 U.S.C.A. § 489, and the coins are subject to forfeiture under 18 U.S.C.A. § 492.
The district court held, after trial, that possession of the coins by Gertz was not unlawful, because 18 U.S.C.A. § 489 applies only to likenesses…
2Cases cited11 opinions
- Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
- United States v. RumelySupreme Court of the United States · 1953
- Gray v. PowellSupreme Court of the United States · 1941
- Federal Land Bank of St. Paul v. Bismarck Lumber Co.Supreme Court of the United States · 1941
- United States v. SullivanSupreme Court of the United States · 1947
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3Cited by56 opinions
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- United States v. Nippon Paper Industries Co., Ltd.Court of Appeals for the First Circuit · 1997
- Pittston Stevedoring Corp. v. DellaventuraCourt of Appeals for the Second Circuit · 1976
- Argosy Limited v. Franklin Hennigan, Individually and as Acting District Director of CustomsCourt of Appeals for the Fifth Circuit · 1968
- Arlie Glen Skelton, Jr. v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1981
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