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HEARTLAND BY-PRODUCTS, INC. v. U.S.

Slip Op. 07-157, Court No. 03-00307.

521 F.Supp.2d 1386 (2007)

HEARTLAND BY-PRODUCTS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 30, 2007.

Attorney(s) appearing for the Case

Serko Simon Gluck & Kane LLP, Daniel J. Gluck and (Jerome L. Hanifin); DLA Piper US LLP, (Stanley McDermott) and

Sarah J. Sterken, New York City, for Plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office; (Aimee Lee), Commercial Litigation Branch, Civil Division, United States Department of Justice; Karen P. Binder and Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of counsel, for Defendant United States.

OPINION

BARZILAY, Judge.

This case returns to the court on remand from the Federal Circuit, and presents a unique opportunity to clarify the scope of the Court's authority with respect to judgments issued pursuant to 28 U.S.C. § 1581(h). This opinion is the court's fourth opinion detailing Plaintiffs troubled dealings with U.S. Customs and Border Protection1 ("Customs") beginning in 1995 when it sought an advanced...

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