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ST. PAUL FIRE & MARINE INS. CO. v. U.S.

No. 90-1343.

959 F.2d 960 (1992)

ST. PAUL FIRE & MARINE INSURANCE CO., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 26, 1992.

Attorney(s) appearing for the Case

Edward M. Joffe, Sandler, Travis & Rosenberg, P.A., Miami, Fla., argued, for plaintiff-appellant. With him on the brief, was Gilbert Lee Sandler.

Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Susan Burnett Mansfield. Also on the brief, was Karen Binder, Atty., U.S. Customs Service, of counsel.

Before NIES, Chief Judge, NEWMAN and ARCHER, Circuit Judges.

NIES, Chief Judge.

St. Paul Fire & Marine Insurance Co. appeals from a decision by the United States Court of International Trade denying St. Paul's motion to amend its complaint to include claims nullifying St. Paul's obligations under its surety bond and seeking a refund of amounts St. Paul had paid for duties as surety for Opera Garments, Inc. The trial court denied the motion after determining that it lacked subject matter jurisdiction over the contract claims...

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