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ALDEN LEEDS INC. v. U.S.

Slip Op. 10-102. Court No. 09-00476.

721 F.Supp.2d 1322 (2010)

ALDEN LEEDS INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 7, 2010.

Attorney(s) appearing for the Case

Sokol, Behot & Fiorenzo (Joseph B. Fiorenzo), for plaintiff.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Alexander Vanderweide and Arlene Pianko Groner); Office of Chief Counsel, International Trade Litigation, United States Customs and Border Protection (Edward N. Maurer), of counsel, for defendant.

Before: Richard K. Eaton, Judge.

OPINION AND ORDER

EATON, Judge.

This matter is before the court on the motion of defendant the United States, on behalf of United States Customs and Border Protection ("CBP" or "Customs"), to dismiss the complaint of plaintiff Alden Leeds Inc. ("Alden Leeds") for (1) lack of subject-matter jurisdiction or (2) failure to state a claim for which relief can be granted. The question presented is whether the court may hear plaintiff's claim even though...

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