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INTERCARGO INS. CO. v. U.S.

Slip Op. 96-129. Court No. 94-05-00269.

936 F.Supp. 1049 (1996)

INTERCARGO INSURANCE COMPANY, Plaintiff, v. The UNITED STATES of America, Defendant.

United States Court of International Trade

August 12, 1996.

Attorney(s) appearing for the Case

Hodes & Pilon (Wayne Jarvis, Michael G. Hodes, and James L. Sawyer), 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), for defendant.

MEMORANDUM OPINION AND ORDER

DiCARLO, Chief Judge:

Intercargo Insurance Company, a corporate surety, provides customs bonds in the customs territory of the United States. Intercargo filed a complaint alleging, inter alia, the United States Customs Service regulation regarding delinquent sureties, 19 C.F.R. § 113.38 (1994), violates due process and is subject to the statute of limitations.

Defendants moved to dismiss claiming a lack of...

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