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SCM CORP. v. UNITED STATES

C.R.D. 77-6; Court No. 77-4-00553.

435 F.Supp. 1224 (1977)

SCM CORPORATION v. UNITED STATES (Brother International Corporation, Party-in-Interest).

United States Customs Court.

August 15, 1977.

Attorney(s) appearing for the Case

Stewart & Ikenson, Washington, D. C. (Eugene L. Stewart and Frederick L. Ikenson, Washington, D. C., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C. (Glenn E. Harris, trial atty., New York City), for defendant.

Tanaka, Walders & Ritger, Washington, D. C. (H. William Tanaka, Washington, D. C., of counsel), for party-in-interest.

RE, Chief Judge:

Pursuant to the provisions of 28 U.S.C. § 255 (1970), plaintiff moves for the assignment of this action to a three-judge panel.

Section 255, which provides for "Three-judge trials" in the United States Customs Court, states:

"(a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Customs Court shall designate any three judges of the court to hear and determine any civil action...

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