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HARTFORD FIRE INS. CO. v. U.S.

Consol. Court No. 09-00122 Slip Op. 17-103.

254 F.Supp.3d 1333 (2017)

HARTFORD FIRE INSURANCE COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 10, 2017.

Attorney(s) appearing for the Case

Frederic Deming Van Arnam, Jr., Barnes, Richardson & Colburn, LLP of New York, NY, and William Horace Jeffress, Jr., Baker Botts, LLP of Washington, DC argued for plaintiff.

Edward Francis Kenny, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY argued for defendant. With him on the brief were Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Amy Rubin, Assistant Director, and Beverly A. Farrell, Trial Attorney. Of counsel on the brief was Beth C. Brotman, Office of the Assistant Chief Counsel for International Trade Litigation, U.S. Customs and Border Protection, of Washington, DC. With them on the reply brief was Chad A. Readler, Acting Assistant Attorney General.

OPINION

This case concerns a surety company that issued bonds to multiple importers to cover duties imposed, under the United States' customs laws, on entries of the importers' goods into the national commerce. Despite billing the importers premium on these bonds, and accepting premium as to each...

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