SUWANNEE S. S. CO. v. UNITED STATES

C.D. 4708; Court No. 70-2603-1277.

435 F.Supp. 389 (1977)

SUWANNEE STEAMSHIP COMPANY v. UNITED STATES.

United States Customs Court.

July 18, 1977.


Attorney(s) appearing for the Case

Toole, Taylor, Moseley & Milton, Jacksonville, Fla. (James F. Moseley, Jacksonville, Fla., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C. (Edmund F. Schmidt, New York City, trial atty.), for defendant.


RE, Chief Judge:

Plaintiff steamship company brought this action to recover customs duties paid on certain repairs made in foreign ports to the "S.S. Volusia." It maintains that the duties should have been remitted by the Secretary of the Treasury because the foreign repairs were the result of a casualty.

Contending that there is no genuine issue of fact which requires a trial, the defendant has moved for summary judgment pursuant to Rule 8.2 of the rules...

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