This section contains the nature of the case and procedural background.

Allard (P) was engaged in the trade of Indian artifacts. A number of the artifacts that Allard trades in are partly composed of the feathers of currently protected birds. However, these artifacts existed before the statutory protections came into force. After two of the Appellees who had sold preexisting artifacts were prosecuted for violations of the Protection Statutes, Ps brought this suit for declaratory and injunctive relief. Ps alleged that the statutes did not prohibit the sale of their pre-regulation artifacts and that if the statutes did apply they violated the Fifth Amendment. The trial court agreed with P's Fifth Amendment claim. The government appealed.

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