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U.S. v. TOSHOKU AMERICA, INC.

Court No. 84-11-01590.

670 F.Supp. 1006 (1987)

UNITED STATES of America, Plaintiff, v. TOSHOKU AMERICA, INC., and Federal Insurance Co., Defendants, TOSHOKU AMERICA, INC., Third-Party Plaintiff, v. CATZ INTERNATIONAL, INC., Third-Party Defendant and Fourth-Party Plaintiff, v. SOUTHERN COMMODITIES, INC., Fourth-Party Defendant.

United States Court of International Trade.

September 14, 1987.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Kenneth N. Wolf, New York City, for plaintiff.

Fitch, King & Caffentzis, Peter J. Fitch, New York City, for defendants, Toshoku America, Inc. and Federal Ins. Co.

MEMORANDUM OPINION AND ORDER

TSOUCALAS, Judge:

The Government commenced this action in accordance with 28 U.S.C. § 1582(2) to recover unpaid liquidated damages assessed under defendants' entry bond for failure to export diseased tuna. Defendants claim that Customs failed to comport with the regulatory scheme and thus, the government is prevented from asserting this claim. The matter is before the Court on the parties' cross-motions for summary judgment...

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