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SWISHER INTERN., INC. v. U.S.

Slip Op. 98-153. Court No. 95-03-00322.

27 F.Supp.2d 234 (1998)

SWISHER INTERNATIONAL, INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

November 6, 1998.

Attorney(s) appearing for the Case

McKenna & Cuneo, L.L.P. (Peter Buck Feller, Joseph F. Dennin, and Daniel G. Jarcho), for plaintiff.

Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Jeanne E. Davidson, Todd M. Hughes, and Lara Levinson), Richard McManus Office of the Chief Counsel, United States Customs Service, of counsel, for defendant.

Neville, Peterson & Williams (John M. Peterson, George W. Thompson, Lawrence J. Bogard, and Michael K. Tomenga), for amici curiae Totes-Isotoner, Inc., et al.

OPINION

RESTANI, Judge:

This action seeking recovery of Harbor Maintenance Taxes (HMT) pursuant to 28 U.S.C. § 1581(a) (1994) (jurisdiction over denial of protest by Customs Service) is before the court on cross motions for summary judgment.

Facts

Swisher International, Inc. paid HMT on a quarterly basis from the fourth quarter of 1990 through the second quarter of...

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