AMERICAN EXPORT LINES, INC. v. UNITED STATES

Court No. 78-1-00174. C.D. 4864.

496 F.Supp. 1320 (1980)

AMERICAN EXPORT LINES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Customs Court.

July 24, 1980.


Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City (M. E. DeOrchis, Brian D. Starer and Nicholas H. Cobb, New York City, on the briefs), for plaintiff.

Alice Daniel, Asst. Atty. Gen., Joseph I. Liebman, Atty. in Charge, Field Office for Customs Litigation, Washington, D. C. (Madeline B. Kuflik, New York City, on the briefs), for defendant.


RE, Chief Judge:

In this action, plaintiff sues to recover duties assessed on repairs made overseas to its vessel, the C. V. Lightning. On the ground that plaintiff failed to comply with procedural requirements, the defendant has moved to dismiss the action for lack of jurisdiction.

The repairs, for which plaintiff seeks a remission of duties, arose from an unexpected grounding suffered by the vessel as it was departing New York for Europe. Although the crew...

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