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E. S. NOVELTY CO. v. UNITED STATES

C.R.D. 72-10; Civ. A. 71-8-00928.

343 F.Supp. 1364 (1972)

E. S. NOVELTY CO. v. UNITED STATES.

United States Customs Court.

June 2, 1972.

Attorney(s) appearing for the Case

Serko & Sklaroff, New York City (Murray Sklaroff, New York City, of counsel), for plaintiff.

Harlington Wood, Jr., Acting Asst. Atty. Gen. (John A. Gussow, New York City, trial attorney), for defendant.

WATSON, Judge:

This civil action contests the denial of five protests. Defendant has moved to dismiss the action on the ground that a jurisdictional prerequisite has not been satisfied, namely, plaintiff has failed to pay the increased duty on entry No. 342322 covered by protest 1001-1-013776. An affidavit to this effect, by the acting assistant chief counsel for Customs Court litigation has been filed with defendant...

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