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DORNIER MEDICAL SYSTEMS, INC. v. U.S.

Court No. 90-02-00094.

747 F.Supp. 753 (1990)

DORNIER MEDICAL SYSTEMS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 4, 1990.

Attorney(s) appearing for the Case

Ober, Kaler, Grimes & Shriver, John F. Morkan, III, Baltimore, Md., for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, New York City (James A. Curley), Washington, D.C., of counsel: Karen P. Binder, Office of Asst. Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City, for defendant.

MEMORANDUM OPINION

TSOUCALAS, Judge:

This case concerns an action by plaintiff, Dornier Medical Systems, Inc. ("Dornier"), to recover interest on a duty refund paid to them by the United States Customs Service ("Customs"). Defendant has filed a motion to dismiss the case pursuant to Rule 12(b) of the rules of this Court, contending the Court lacks jurisdiction over the subject matter because plaintiff failed to exhaust its administrative remedies. Plaintiff...

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