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OMNI U.S.A., INC. v. U.S.

No. 87-1602.

840 F.2d 912 (1988)

OMNI U.S.A., INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 2, 1988.

Attorney(s) appearing for the Case

Andrew P. Vance, Barnes, Richardson & Colburn, New York City, argued, for plaintiff-appellant. With him on the brief, was Robert H. Schor, New York City.

Sheila N. Ziff, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Velta A. Melnbrences, Asst. Director. Also on the brief, was Alfonso Robles, Atty. Advisor, U.S. Customs Service, Washington, D.C. of counsel.

Before BISSELL and ARCHER, Circuit Judges, and NICHOLS, Senior Circuit Judge.

NICHOLS, Senior Circuit Judge.

Omni U.S.A., Inc. (Omni) appeals a judgment of the Court of International Trade dismissing Omni's complaint upon defendant's motion for summary judgment. The court held it had no jurisdiction because Omni's reliquidation request under 19 U.S.C. § 1520(c) had been untimely. 11 CIT ___, 663 F.Supp. 1130 (1987). We agree and affirm.

Facts

Omni, in 1980, made various entries...

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