WEATHER-RITE SPORTSWEAR CO. v. UNITED STATES

C.D. 3774; Protest Nos. 60/31343-93000, etc.

298 F.Supp. 508 (1969)

WEATHER-RITE SPORTSWEAR CO., Inc., Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court, First Division.

April 14, 1969.


Attorney(s) appearing for the Case

Norman Katz, New York City, for plaintiff.

William D. Ruckelshaus, Asst. Atty. Gen. (by Andrew P. Vance and Bernard J. Babb, New York City), for defendant.

Before WATSON, MALETZ, and NEWMAN, Judges.


NEWMAN, Judge:

Plaintiff moves for summary judgment —an application of first impression in the United States Customs Court— bottomed upon a widely adopted procedural remedy which is not, however, explicitly authorized or spelled out by the rules of this Court. We feel constrained, with the utmost reluctance, to deny the motion.

Indeed, we state parenthetically at the outset, that a committee of this Court is contemporaneously engaged in an active...

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