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U.S. v. UTEX INTERN. INC.

No. 87-1414.

857 F.2d 1408 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. UTEX INTERNATIONAL INC., Defendant, and Sentry Insurance Company, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 8, 1988.

Attorney(s) appearing for the Case

Barbara M. Epstein, Commercial Litigation Branch, Dept. of Justice, New York City, argued for plaintiff-appellee. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.

William E. Melahn, Follick & Bessich, Boston, Mass., argued for defendant-appellant. With him on the brief was Angela Violin.

Before FRIEDMAN, DAVIS and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

In this action on a surety bond brought under 28 U.S.C. § 1582(2), Sentry Insurance Company appeals the judgment of the United States Court of International Trade, awarding liquidated damages to the United States in the amount of $11,718.1 We reverse.

Background

Utex International Inc. ("Utex") imported from India, through the Port of New...

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