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United States v. Fifty-Three Eclectus Parrots

United States Court of Appeals for the Ninth Circuit
685 F.2d 1131 (1982)


Facts

Allen (defendant) was a bird trader. Through an importer, Allen bought 56 eclectus parrots originally from Indonesia and imported them into the United States. Indonesia prohibited the export of eclectus parrots. Allen did not know of the Indonesian law, or of 19 U.S.C. § 1527, which prohibits the import of any wild bird if exporting the bird is prohibited in the country of origin. United States customs seized the parrots and ordered their forfeiture. The United States government successfully moved summary judgment. Allen appealed, arguing that the parrots were not “wild” within the meaning of § 1527. The government argued that a bird was “wild” under the statute if it was normally found in a wild state, which eclectus parrots were.

Rule of Law

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Issue

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Holding and Reasoning (Canby, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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