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HALPERIN SHIPPING CO., INC. v. U.S.

Court No. 87-02-00371.

725 F.Supp. 1259 (1989)

HALPERIN SHIPPING CO., INC., Plaintiff, v. UNITED STATES, Defendant.

U.S. Court of International Trade.

November 14, 1989.

Attorney(s) appearing for the Case

Serko & Simon, Joel K. Simon, David Serko, Matthew G. Shaw and Leibert L. Greenberg, New York City, for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Joseph I. Liebman, Atty. in Charge, International Trade Field Office, New York City, Al J. Daniel, Jr., for defendant.

OPINION AND ORDER

CARMAN, Judge:

The defendant United States (the government) moves this Court to strike the demand for a jury trial in an action brought by plaintiff pursuant to 28 U.S.C. § 1581(a) (1982). The government contends that no right to a jury trial is provided to plaintiff by either a statute of the United States or the United States Constitution and a jury trial is thus precluded under Washington International Ins. Co. v. United States...

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