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OGDEN MARINE, INC. v. UNITED STATES

Customs Appeal No. 5508.

473 F.2d 1405 (1973)

OGDEN MARINE, INC., and Platte Transport, Inc., Appellants, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

March 1, 1973.

Attorney(s) appearing for the Case

Burlingham Underwood & Lord, New York City, attorneys of record, for appellant. Hervey C. Allen, John E. Nelson, II, New York City, of counsel.

Harlington Wood, Jr., Asst. Atty. Gen., Thomas G. Wilson, Alexandria, Va., for the United States.

Before MARKEY, Chief Judge, RICH, BALDWIN and LANE, Judges, and CLARK, Justice (Ret.), sitting by designation.

MARKEY, Chief Judge.

This appeal is from the order of the United States Customs Court of March 7, 1972 dismissing appellants' summons on the ground that it was not filed within the one hundred and eighty days after the date of mailing of notice of denial of the protest, provided for by 28 U.S.C. § 2631(a)(1).

On May 17, 1971 appellants filed a protest on Customs Form 19 contesting a liquidation made February...

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