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FREDERICK TRANSPORT LTD. v. VON RAAB

No. Civ-86-627C.

662 F.Supp. 943 (1987)

FREDERICK TRANSPORT LIMITED and Bill Thompson Transport Limited, Plaintiffs, v. William VON RAAB, Commissioner of Customs, U.S. Customs Service, et al., Defendants.

United States District Court, W.D. New York.

June 23, 1987.

Attorney(s) appearing for the Case

Kahn & Kahn (Jeremy Kahn, of counsel), Washington, D.C., Lippes, Kaminsky, Silverstein, Porter, Mathias & Wexler (Victor C. Silverstein, of counsel), Buffalo, N.Y., for plaintiffs.

Roger P. Williams, U.S. Atty. (Daniel C. Oliverio, Asst. U.S. Attorney, of counsel), Buffalo, N.Y., for defendants.

CURTIN, Chief Judge.

This action arises out of the action of the United States Customs Service [Customs] in promulgating certain regulations interpreting a portion of section 13031 of the "Consolidated Omnibus Budget Reconciliation Act of 1985" [the Act], Pub.L. 99-272, 19 U.S.C. § 58c; 19 C.F.R. § 24.22(c). The pertinent portion of the Act imposes "user fees" upon commercial trucks for customs services performed each time they arrive at a U.S. border seeking...

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