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NOVELL, INC. v. U.S.

Slip Op. 97-144. Court No. 95-02-00130.

985 F.Supp. 121 (1997)

NOVELL, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 10, 1997.

Attorney(s) appearing for the Case

George R. Tuttle, APC (George R. Tuttle, III), San Francisco, CA, for Plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, (Saul Davis), New York City, for Defendant.

OPINION and ORDER

GOLDBERG, Judge.

This matter is before the Court on the defendant's motion to sever and dismiss plaintiff's appraisement claim for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1). Defendant argues that the Court lacks jurisdiction over this claim because the plaintiff failed to protest the reliquidation of the entries at issue, and that as a result, pursuant to 19 U.S.C. § 1514 (1994), the reliquidation became...

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