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U.S. v. COMMODITIES EXPORT CO.

Nos. 91-1470, 91-1482.

972 F.2d 1266 (1992)

The UNITED STATES, Plaintiff-Appellee, v. COMMODITIES EXPORT CO., Defendant-Appellant, and Old Republic Insurance Co., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 11, 1992.

Attorney(s) appearing for the Case

Mark S. Sochaczewsky, Atty., Commercial Litigation Branch, Dept. of Justice, New York City, argued, for plaintiff-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office. Also on the brief was Michele L. Kenney, U.S. Customs Service, of counsel.

Roger E. Craig, Naples, Fla., argued, for defendant-appellant, Commodities Export Co. With him on the brief, was Walter H. Lubienski, Lubienski & Lubienski, Detroit, Mich. Wayne James Jarvis, Wayne Jarvis, Ltd., Chicago, Ill., argued, for defendant-appellant, Old Republic Ins. Co. With him on the brief was Michael G. Hodes, Hodes & Filon, Chicago, Ill., of counsel.

Before ARCHER, Circuit Judge, BENNETT, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

The United States sued Commodities Export Company and Old Republic Insurance Company in the United States Court of International Trade to recover unpaid liquidated damages under a customs warehouse bond. The trial court entered judgment in favor of the United States. United States v. Commodities Export Co. & Old Republic Ins. Co., CIT No. 89-03-00144, May 14, 1991. Because the United States did not file its action within the six year...

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