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U.S. v. TRI-STATE HOSP. SUPPLY CORP.

Slip Op. 99-107. Court No. 97-04-00678.

74 F.Supp.2d 1311 (1999)

UNITED STATES, Plaintiff, v. TRI-STATE HOSPITAL SUPPLY CORP., Defendant.

United States Court of International Trade.

October 8, 1999.

Attorney(s) appearing for the Case

David Ogden, Acting Assistant Attorney General; David M. Cohen, Director; U.S. Department of Justice, Civil Division, Commercial Litigation Branch (Michele D. Lynch and Lucius B. Lau); A. David Lafer, Senior Trial Attorney, for plaintiff.

Akin, Gump, Strauss, Hauer & Feld, L.L.P. (John M. Dowd and Joseph P. Esposito, P.C.) for defendant.

OPINION

WALLACH, Judge.

I

INTRODUCTION

This case comes before the Court on Plaintiff's Motion In Limine, which requests a pre-trial ruling that allegedly false statements made by Defendant to the United States Customs Service ("Customs") are "material" pursuant to 19 U.S.C. § 1592(a) as a matter of law. For the reasons stated below, the Court finds that the materiality of Defendant's allegedly false statements is a mixed question...

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