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AFFILIATED FM INS. CO. v. UNITED STATES

No. 83-7-01039.

608 F.Supp. 651 (1985)

AFFILIATED FM INSURANCE COMPANY, as Subrogee of Fiat Motors of North America, Inc. and Fiat Motors of North America, Inc., Plaintiffs, v. The UNITED STATES, Defendant.

United States Court of International Trade.

April 19, 1985.

Attorney(s) appearing for the Case

Podvey, Sachs & Catenacci, Henry J. Catenacci, Newark, N.J., for plaintiffs.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, New York City, Michael P. Maxwell, Washington, D.C., for defendant.

DiCARLO, Judge:

Between December, 1979 and September 1980, Fiat Motors of North America, Inc. (Fiat) made seventeen entries covering 1,578 automobiles at Wilmington, Delaware. Fiat paid all duties and the vehicles were released to Fiat from the custody of the United States Customs Service (Customs).

In October, 1980, a tidal flood struck the Wilmington port. The vehicles were declared constructive total losses. Affiliated FM Insurance Company (Affiliated)...

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