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J. C. PENNEY COMPANY v. UNITED STATES DEPT. OF TREASURY

No. 70 Civ. 4980.

319 F.Supp. 1023 (1970)

J. C. PENNEY COMPANY, Inc., Plaintiff, v. The UNITED STATES DEPARTMENT OF the TREASURY, the Bureau of Customs, David M. Kennedy, Secretary of the Treasury, Eugene T. Rossides, Assistant Secretary of the Treasury, Matthew J. Marks, Deputy to the Assistant Secretary, Myles J. Ambrose, Commissioner of Customs, individually and as officers and/or employees of the United States Department of the Treasury and/or the Bureau of Customs, Washington, D. C., Defendants.

United States District Court, S. D. New York.

December 3, 1970.

Attorney(s) appearing for the Case

Charles T. Stewart, Albert W. Driver, Jr., Archibald E. King, New York City, for plaintiff; Leva, Hawes, Symington, Martin & Oppenheimer, Washington, D. C., of counsel.

William D. Ruckelshaus, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Frederick L. Ikenson, Civil Division, Dept. of Justice, New York City, for defendants.

OPINION

EDWARD WEINFELD, District Judge.

This motion, made on the eve of an administrative determination to be rendered no later than December 4, 1970, by the United States Treasury Department, seeks to enjoin all defendants from making such determination upon the ground of their alleged denial of plaintiff's claim to a due process hearing before the determination is made. The short span of time between the argument of this motion and the deadline for a...

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