C. L. HUTCHINS & CO. v. UNITED STATES

C.D. 4252; Protest 67/25245-2353.

331 F.Supp. 318 (1971)

C. L. HUTCHINS & CO., Inc., Imperial Rug Mills, Inc., Plaintiffs, v. UNITED STATES, Defendant.

United States Customs Court.

August 12, 1971.


Attorney(s) appearing for the Case

Glad & Tuttle, Los Angeles, Cal., for plaintiffs.

L. Patrick Gray III, Asst. Atty. Gen., for defendant.


RAO, Chief Judge.

Defendant has moved, under Rule 4.7 (b) of the Rules of this Court, to dismiss the above-entitled action on the ground that the court lacks jurisdiction to adjudicate the claim, (1) because the protest involved a claim for an allowance for excessive impurities but protestant did not file an application for such allowance on Customs Form 4317 as required by section 15.7(a) of the Customs Regulations, as amended, and (2) because the complaint raises...

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