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UNITED STATES v. F.A.G. BEARINGS CORP.

No. 83-9-01314.

615 F.Supp. 562 (1984)

UNITED STATES, Plaintiff, v. F.A.G. BEARINGS CORPORATION, Defendant.

United States Court of International Trade.

October 4, 1984.

Attorney(s) appearing for the Case

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C. (A. David Lafer and J. Kevin Horgan, Washington, D.C., on the motion), for plaintiff.

Heron, Burchette, Ruckert & Rothwell, Washington, D.C. (John M. Dowd, New York City, and Thomas A. Rothwell, Jr., Washington, D.C., on the motion); Whitman & Ransom, New York City (Andrew L. Lipps, New York City, and W. Michael Kramer, Washington, D.C., on the motion), for defendant.

MEMORANDUM OPINION AND ORDER

CARMAN, Judge:

In this action where plaintiff seeks to recover lost duties as well as penalties for false descriptions of imported merchandise, defendant moves to dismiss the second amended complaint pursuant to Rules 8(a), 9(b) and 12(b)(5) of the Rules of the United States Court of International Trade, for failure to state a claim upon which relief can be granted.1 Defendant urges as follows: (1...

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