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DI JUB LEASING CORP. v. UNITED STATES

Court No. 80-11-00038.

505 F.Supp. 1113 (1980)

DI JUB LEASING CORP., Dianne Pellecchia, and Susan Jubert, Plaintiffs, v. The UNITED STATES of America; the Secretary of the Department of the Treasury; the Commissioner of Customs, United States Customs Service; Regional Commissioner of Customs, United States Customs Service, New York Region; Area Director of Customs, United States Customs Service, Port of Newark, Defendants.

United States Court of International Trade.

December 5, 1980.

Attorney(s) appearing for the Case

Serko & Simon, New York City (David Serko, Margaret Sachter and Steven Wolosky, New York City, of counsel), for plaintiffs.

Alice Daniel, Asst. Atty. Gen., Washington, D. C. (Joseph I. Liebman, Atty. in Charge, Field Office for Customs Litigation, Saul Davis, trial attorney, New York City), for defendants.

MEMORANDUM AND ORDER ON PLAINTIFFS' APPLICATION FOR PRELIMINARY INJUNCTION AND DEFENDANTS' CROSS-MOTION TO DISMISS.

NEWMAN, Judge:

This is an action to review a decision of the Commissioner of Customs revoking the customhouse cartman's license of plaintiff Di Jub Leasing Corporation ("Di Jub"). Subject matter jurisdiction is asserted by plaintiffs under 28 U.S.C. § 1581(i)(1) and (4). The jurisdictional predicate, as we shall see infra, raises...

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