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INTERCARGO INS. CO. v. U.S.

Slip Op. No. 95-205. Court No. 94-05-00269.

912 F.Supp. 544 (1995)

INTERCARGO INSURANCE COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 19, 1995.

Attorney(s) appearing for the Case

Hodes & Pilon (Wayne Jarvis and Michael G. Hodes), Chicago, IL, for Plaintiff.

Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Rhonda K. Schnare), Washington, DC, for the defendant.

MEMORANDUM OPINION

DiCARLO, Chief Judge:

Plaintiff, Intercargo Insurance Co., filed a complaint alleging, inter alia, the United States Customs Service regulation regarding delinquent sureties, 19 C.F.R. § 113.38, violates due process and is subject to the statute of limitations. Defendant moves to dismiss the complaint for lack of jurisdiction pursuant to USCIT Rule 12(b)(1). Defendant alleges four bases for this court's lack of jurisdiction...

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