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U.S. v. OBRON ATLANTIC CORP.

Court No. 94-02-00131, Slip Op. No. 94-134.

862 F.Supp. 378 (1994)

UNITED STATES, Plaintiff, v. OBRON ATLANTIC CORP., Defendant.

United States Court of International Trade.

August 25, 1994.

Attorney(s) appearing for the Case

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Civ. Div., Commercial Litigation Branch, U.S. Dept. of Justice, Charles F. Beall, Jr., Kathleen L. Bucholtz, U.S. Customs Service, of counsel, Washington, DC, for plaintiff.

Jones, Day, Reavis & Pogue, Stephen J. Squeri and Jerome J. Zaucha, Cleveland, OH, for defendant.

OPINION

CARMAN, Judge:

Plaintiff commenced this action to recover civil penalties and collect customs duties for fraudulent, grossly negligent or negligent violations of 19 U.S.C. § 1592 (1988). Defendant has two motions before the Court. In the first motion, defendant moves to dismiss the amended complaint pursuant to USCIT Rules 5 and 12(b)(1). In its second motion, defendant moves to dismiss Count I of the amended complaint pursuant to USCIT Rules...

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