NORMAN G. JENSEN, INC. v. U.S.

No. 2011-1319.

687 F.3d 1325 (2012)

NORMAN G. JENSEN, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 10, 2012.


Attorney(s) appearing for the Case

Joel R. Junker , Joel R. Junker & Associates, of Seattle, WA, argued for plaintiff-appellant.

Justin R. Miller , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, of Washington, DC; and Barbara S. Williams , Attorney in Charge, and Jason M. Kenner , Trial Attorney, of New York, NY. Of counsel on the brief was Paula S. Smith , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, NY.

Sidney N. Weiss , Sidney N. Weiss Attorney at Law, of New York, New York, for amicus curiae Hitachi Home Electronics (America), Inc. Of counsel on the brief was Steven B. Zisser , Zisser Customs Law Group, PC, of San Diego, CA.

Before BRYSON, SCHALL, and PROST, Circuit Judges.


SCHALL, Circuit Judge.

Norman G. Jensen, Inc. ("Jensen") appeals the final decision of the United States Court of International Trade in Norman G. Jensen, Inc. v. United States, Slip Op. 11-15, 2011 WL 587174 (Ct. Int'l Trade Feb. 10, 2011). In that decision, the court dismissed for lack of jurisdiction Jensen's complaint under 28 U.S.C. § 1581(i). In its complaint, Jensen sought a writ of mandamus to compel Customs and Border Protection ("Customs") to...

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