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U.S. v. FORD MOTOR CO.

Slip Op. 06-7. Court No. 05-00284.

414 F.Supp.2d 1264 (2006)

UNITED STATES of America, Plaintiff, v. FORD MOTOR COMPANY, Defendant.

United States Court of International Trade.

January 13, 2006.

Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, (David A. Levitt) Kathleen Bucholtz, United States Customs and Border Protection, for the United States, plaintiff, of counsel.

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, Neew York, NY (Robert B. Silverman, David M. Murphy, Steven P. Florsheim, Robert F. Seely, and Frances P. Hadfield, of counsel); Paulsen K. Vandevert, for Ford Motor Company, defendant.

OPINION

TSOUCALAS, Senior Judge.

Ford Motor Company, ("Ford"), defendant, moves for dismissal pursuant to UCIT R. 12(b) on the grounds that (1) issue preclusion prevents the Bureau of Customs and Border Protection of the Department of Homeland Security ("Customs"),1 plaintiff, from litigating the current action and (2) the statute of limitations has run on Customs' claims before the present action was initiated. Specifically...

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