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HETEROCHEMICAL CORP. v. UNITED STATES

C.R.D. 72-20; Court No. 71-11-01782.

349 F.Supp. 998 (1972)

HETEROCHEMICAL CORP. v. UNITED STATES.

United States Customs Court.

October 11, 1972.

Attorney(s) appearing for the Case

Rode & Qualey, New York City (Ellsworth F. Qualey, New York City, of counsel), for plaintiff.

Harlington Wood, Jr., Asst. Atty. Gen., James Caffentzis, New York City, trial attorney, for defendant.

MEMORANDUM OPINION AND ORDER

FORD, Judge:

This action was instituted by the filing of a summons on November 15, 1971, after the denial of a protest on May 21, 1971. Plaintiff subsequently served its complaint and defendant thereafter moved to dismiss and by an alternative motion moved for a preliminary hearing.

Defendant contends the merchandise was appraised and notice of appraisement, CF 5561, mailed on November 14, 1969. This was prior to the...

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