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KNICKERBOCKER LIQUORS CORP. v. UNITED STATES

C.R.D. 77-5; Court No. 74-11-03088.

432 F.Supp. 1347 (1977)

KNICKERBOCKER LIQUORS CORP. v. UNITED STATES.

United States Customs Court.

June 9, 1977.

Attorney(s) appearing for the Case

Rode & Qualey, New York City (Peter Jay Baskin, New York City, of counsel), for plaintiff.

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

MEMORANDUM OPINION

BOE, Judge:

Pursuant to rules 4.7(b)(2) and 4.12 of the rules of court, the defendant has moved to dismiss the above-entitled action for lack of jurisdiction because of plaintiff's failure to timely file the summons in said action pursuant to 28 U.S.C., section 2631(a), providing:

§ 2631. Time for commencement of action (a) An action over which the court has jurisdiction under section 1582(a) of this title is barred...

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