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HENRY POLLAK, INC. v. BLUMENTHAL

Civ. A. No. 77-1177.

444 F.Supp. 56 (1977)

HENRY POLLAK, INC., Plaintiff, v. W. Michael BLUMENTHAL, Secretary of the Treasury, et al., Defendants.

United States District Court, District of Columbia.

November 23, 1977.

Attorney(s) appearing for the Case

Wender, Murase & White, Barnes, Richardson & Colburn, Washington, D. C., for plaintiff.

Bruno Ristau, Asst. U. S. Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

JUNE L. GREEN, District Judge.

Plaintiffs in these actions sue for the return of funds collected from them by defendants, who acted in accord with Presidential Proclamation No. 4074, issued August 15, 1971. Proclamation No. 4074 imposed a surcharge upon articles imported into the United States and subjected to customs duties. Defendants have moved the Court under F.R.Civ.P. 12(b)(1) to dismiss the complaints on the ground that the Court...

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