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DELPHI PETROLEUM, INC. v. U.S.

Slip Op. 10-77. Court No. 06-00245.

717 F.Supp.2d 1340 (2010)

DELPHI PETROLEUM, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 9, 2010.

Attorney(s) appearing for the Case

Delphi Petroleum, Inc. (Ronald Gumbaz), for the plaintiff.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Todd M. Hughes, Deputy Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Tara K. Hogan); Richard McManus, Office of Chief Counsel, U.S. Customs and Border Protection, of counsel, for the defendant.

OPINION

RESTANI, Chief Judge.

This matter is before the court on the application of plaintiff Delphi Petroleum, Inc. ("Delphi") for an award of attorney's fees and costs pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Delphi sought reliquidation of entries and drawback of Harbor Maintenance Taxes ("HMT") and Merchandise Processing Fees ("MPF") paid on certain imported petroleum products and now applies for the legal fees...

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