PORTER v. UNITED STATES

C.D. 4808; Court No. 76-6-01448.

475 F.Supp. 688 (1979)

David E. PORTER, Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court.

June 22, 1979.


Attorney(s) appearing for the Case

Arter Hadden & Hemmendinger, Washington, D. C. (Noel Hemmendinger and Barry E. Cohen, Washington, D. C., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C. (Joseph I. Liebman, New York City, Atty. in Charge, Field Office for Customs Litigation, Madeline B. Cohen, trial attorney, Washington, D. C.), for defendant.


LANDIS, Judge:

This classification case arises on cross-motions by the parties for summary judgment filed pursuant to Rule 8.2.

Defendant has stated in its brief that "it concurs with plaintiff's statement of material facts" and it appearing to the Court that no genuine issue exists as to any material fact, a summary judgment should be rendered in favor of the party entitled thereto upon the question of law raised by the parties.

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