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NICHOLS & CO., INC. v. UNITED STATES

C.D. 4734; Court Nos. R65/11409, etc.

447 F.Supp. 455 (1978)

NICHOLS & COMPANY, INC. v. UNITED STATES.

United States Customs Court.

February 3, 1978.

Attorney(s) appearing for the Case

Doherty & Melahn, Boston, Mass. (William E. Melahn, Boston, Mass., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Saul Davis, Trial Atty., New York City, for defendant.

RE, Chief Judge:

In this action for the reappraisement of imported merchandise both parties have moved for summary judgment pursuant to Rule 8.2(a) of this court.1 The defendant has also moved for severance.

It is undisputed that the facts are identical to those of the test case under which the present action was suspended, Nichols & Company, Inc. v. United States, 60 Cust.Ct. 917, R.D. 11555 (1968), aff'd, 64...

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