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ALCAN SALES, DIV. OF ALCAN ALUMINUM CORP. v. U. S.

No. 81-121, Court No. 77-8-01685.

528 F.Supp. 1159 (1981)

ALCAN SALES, DIV. OF ALCAN ALUMINUM CORP., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

December 29, 1981.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (David O. Elliott, Rufus E. Jarman, Jr., and Michael A. Johnson, New York City, at oral argument and on the brief), for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C. (David M. Cohen, Branch Director, Commercial Litigation Branch and Joseph I. Liebman, Atty. in Charge, Commercial Litigation Branch, New York City, at oral argument and on the brief), for defendant.

BOE, Judge:

It, indeed, is an illustrative exercise in the art of jurisprudential survival that the surcharge issue contained in the instant action, first, having been the subject matter of litigation presented to this court and the appropriate appellate forums,1 thence the subject matter of litigation presented to the U. S. District Court, District of Columbia,2

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