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U.S. v. COCOA BERKAU, INC.

No. 92-1390.

990 F.2d 610 (1993)

The UNITED STATES of America, Plaintiff-Appellant, v. The COCOA BERKAU, INCORPORATED, and Washington International Insurance Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 30, 1993.

Attorney(s) appearing for the Case

Susan Burnett Mansfield, Sr. Trial Counsel, Dept. of Justice, New York City, argued, for plaintiff-appellant. With her 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.

Ronald W. Gerdes, Sandler, Travis & Rosenberg, P.A., Washington, DC, argued, for defendants-appellees. Gilbert Lee Sandler, Sandler, Travis & Rosenberg, P.A., Miami, FL, was on the brief, for defendants-appellees.

Wayne Jarvis and Michael G. Hodes, Hodes & Pilon, Chicago, IL, were on the brief, for amicus curiae Old Republic Ins. Co.

Before ARCHER, LOURIE and SCHALL, Circuit Judges.

LOURIE, Circuit Judge.

The United States appeals from the judgment of the United States Court of International Trade granting the motion of Washington International Insurance Company to dismiss the government's action to recover liquidated damages as time-barred under 28 U.S.C. § 2415(a) (1988). United States v. The Cocoa Berkau, Inc., 789 F.Supp. 1160 (Ct. Int'l Trade 1992). Because the government filed its complaint...

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