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UNITED STATES v. APPENDAGEZ, INC.

Court No. 81-8-01014.

560 F.Supp. 50 (1983)

UNITED STATES, Plaintiff, v. APPENDAGEZ, INC., a.k.a. Faded Glory, a.k.a. Faded Glory by Appendagez, Inc. and James Shane, Defendants.

United States Court of International Trade.

March 15, 1983.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Washington, D.C., Director, Commercial Litigation Branch (Francis J. Sailer, Washington, D.C., at argument and on brief), for plaintiff.

Peabody & Brown, Boston, Mass. (Marcus E. Cohn, Boston, Mass., at argument and on brief and Peggy A. Nelson, Newtonville, Mass., on brief) and Doherty, Melahn & Middleton, Boston, Mass. (William C. Melahn, Boston, Mass., on brief), for defendant, James Shane.

RAO, Judge:

This case is before the court on defendant James Shane's motion to dismiss the amended complaint filed by the plaintiff to recover civil penalties pursuant to 19 U.S.C. § 1592, Tariff Act of 1930, § 592, as amended. The motion is grounded on defendant's claim that the court lacks jurisdiction of the subject matter, that is a Section 1592 claim arising prior to the effective date of the Customs Courts Act of 1980, November 1, 1980; that the complaint...

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