NEC CORP. v. UNITED STATES

Court No. 85-7-00948.

622 F.Supp. 1086 (1985)

NEC CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

Rehearing Denied January 10, 1986.


Attorney(s) appearing for the Case

Tanaka, Ritger & Middleton, Patrick O'Leary, Washington, D.C., for plaintiff.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Velta A. Melnbrencis, Dept. of Justice, Commercial Litigation Branch, Civil Division, Washington, D.C., for defendant.


Memorandum Opinion and Order of Dismissal

WATSON, Judge:

This case is before the Court upon the motion of the defendant, United States, to dismiss for lack of jurisdiction, filed August 30, 1985, and the motion of the plaintiff, NEC Corporation, "to correct the filing date", filed September 30, 1985. Both motions pertain to the plaintiff's alleged failure to file the summons commencing this action within the time prescribed in 19 U.S.C. § 1516a...

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