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GOLDHOFER FAHRZEUGWERK GmbH & CO. v. U.S.

No. 89-1298.

885 F.2d 858 (1989)

GOLDHOFER FAHRZEUGWERK GmbH & CO., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 20, 1989.

Suggestion for Rehearing Declined December 1, 1989.

Attorney(s) appearing for the Case

James A. Geraghty, Donohue & Donohue, New York City, argued for plaintiff-appellant.

Mark S. Sochaczewsky, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendant-appellee. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.

Before ARCHER and MICHEL, Circuit Judges, and COWEN, Senior Circuit Judge.

Suggestion for Rehearing In Banc Declined December 1, 1989.

MICHEL, Circuit Judge.

In this customs duty case, the United States Court of International Trade granted summary judgment in favor of the United States, holding that, as a matter of law, Goldhofer Fahrzeugwerk GmbH & Co.'s (Goldhofer) protest of liquidation was not timely filed with the United States Customs Service (Customs) within the 90-day protest period set forth by 19 U.S.C. § 1514...

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