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ITT SEMICONDUCTORS v. UNITED STATES

Court No. 80-9-01521.

576 F.Supp. 641 (1983)

ITT SEMICONDUCTORS, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 3, 1983.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (Rufus Jarman, New York City, on the motion), for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, New York City (Deborah Rand, New York City, on the motion), for defendant.

MEMORANDUM

CARMAN, Judge:

This matter is before me on the parties' cross-motions for summary judgment and defendant's alternative motion to dismiss.

Plaintiff commenced this suit to recover the sum of $48,153.04 which was paid to the defendant as part of an overall settlement of a penalty action. Plaintiff filed a protest with respect to the payment of this sum and it was denied as being a decision that was not protestable. Defendant moves to dismiss...

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