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UNITED STATES v. ATKINSON

Court No. 82-12-01742.

575 F.Supp. 791 (1983)

The UNITED STATES, Plaintiff, v. Keith W. ATKINSON, and St. Paul Fire & Marine Insurance Company, Defendants.

United States Court of International Trade.

November 21, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C. (Joseph I. Liebman, New York City, Atty. in Charge, International Trade Field Office, Commercial Litigation Branch and Michael P. Maxwell, New York City, on the briefs), for plaintiff.

Glad, White & Ferguson, Los Angeles, Cal. (Robert Glenn White, Los Angeles, Cal., on briefs), for defendants.

MEMORANDUM OPINION

BOE, Judge:

In the above-entitled action, plaintiff has filed a motion for summary judgment to collect $13,700 in liquidated damages, jointly and severally, from named defendants Keith W. Atkinson and St. Paul Fire and Marine Insurance Company (hereinafter "St. Paul"). Defendant St. Paul in response to this motion contends that:

1. there are genuine issues of material fact yet to be tried or otherwise established, and

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