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CUMMINS ENGINE CO. v. U.S.

Slip Op. 98-138. Court No. 96-04-01274

83 F.Supp.2d 1366 (1999)

CUMMINS ENGINE COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 21, 1999.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, Chicago, IL (Robert E. Burke, Lawrence M. Friedman, and David G. Forgue), for Plaintiff.

David W. Ogden, Acting Assistant Attorney General, Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office, Barbara S. Williams, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice; Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, for Defendant, of counsel.

OPINION

POGUE, Judge.

Defendant, the United States, moves for summary judgment pursuant to USCIT Rule 56. Plaintiff, Cummins Engine Company ("Cummins"), opposes Defendant's motion, asserting that summary judgment is not appropriate because genuine issues of material fact exist. Jurisdiction is predicated on 28 U.S.C. § 1581(a)(1994).

Background

On December 5th and 28th of 1995,...

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