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

Court No. 87-02-00371.

742 F.Supp. 1163 (1990)

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

United States Court of International Trade.

July 2, 1990.

Attorney(s) appearing for the Case

Serko & Simon (Joel K. Simon, David Serko 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

CARMAN, Judge:

This action is before the Court on motion of the defendant United States (hereinafter the government) to dismiss this action for lack of jurisdiction and failure to state a claim upon which relief can be granted pursuant to USCIT Rule 12. The government claims this Court lacks jurisdiction because plaintiff Halperin Shipping Co., Inc. (hereinafter Halperin) failed to timely file a protest under section 514 of the Tariff Act of 1930...

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