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F.W. MYERS & CO., INC. v. UNITED STATES

Court No. 80-5-00828.

574 F.Supp. 1064 (1983)

F.W. MYERS & CO., INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

November 3, 1983.

Attorney(s) appearing for the Case

Arter, Hadden & Hemmendinger, Washington, D.C. (David B. Hopkins, Washington, D.C., on brief); Davis, Graham & Stubbs, Washington, D.C. (Barry E. Cohen, Washington, D.C., on brief), for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C. (Joseph I. Liebman, Atty. in Charge, Commercial Lit. Branch and John J. Mahon, New York City, on brief), for defendant.

Opinion And Order

BOE, Judge:

Plaintiff seeks an order of this court determining that the summons commencing the above-entitled action was timely filed with regard to protest no. 3801-9-000272.1 The defendant by cross-motion moves to sever and dismiss the said protest because of plaintiff's failure to file the summons within 180 days from the date of mailing of notice of denial...

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