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U.S. v. LUN MAY CO., INC.

Court No. 86-04-00433.

680 F.Supp. 1573 (1988)

UNITED STATES of America, Plaintiff, v. LUN MAY CO., INC., and American Motorists Insurance Company, Defendants. AMERICAN MOTORISTS INSURANCE COMPANY, Third-Party Plaintiff, v. May M. LAM, a/k/a Homay Lam, Third-Party Defendant.

United States Court of International Trade.

February 11, 1988.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Director, Commercial Litigation Branch, Civ. Div., Dept. of Justice (Nancy E. Reich and Kenneth N. Wolf) New York City, for plaintiff.

Soller, Singer & Horn (William C. Shayne), New York City, for defendant, Lun May Co., Inc.

Russotti & Barrison (Harvey Barrison), New York City, for defendant and third-party plaintiff, American Motorists Ins. Co.

Marshall Beil, New York City, for third-party defendant, May M. Lam.

DiCARLO, Judge:

The United States brings this action pursuant to 28 U.S.C. § 1582(2) (1982) against an importer, Lun May Co., Inc. (Lun May) and its surety, American Motorists Insurance Co. (American Motorists), to recover unpaid liquidated damages relating to the importation of merchandise under an immediate delivery and consumption entry bond. The government moves and each defendant cross-moves for summary judgment. The government's summary judgment motion...

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