TRAVENOL LABORATORIES, INC. v. U.S.

Court No. 89-08-00469.

813 F.Supp. 840 (1993)

TRAVENOL LABORATORIES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 3, 1993.


Attorney(s) appearing for the Case

Katten Muchin & Zavis, Mark S. Zolno, Lynn S. Baker and Jeremy R. Page, Chicago, IL, for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., Joseph I. Liebman, Atty. in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, Mark S. Sochaczewsky, Office of Asst. Chief Counsel, U.S. Customs Service, Washington, DC, Chi S. Choy, New York City, of counsel, for defendant.


Opinion

AQUILINO, Judge:

In this action, which has been designated a test case pursuant to CIT Rule 84, the plaintiff recites Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803), that it is "emphatically the province and duty of the judicial department to say what the law is" but also takes the position that that has already occurred in a matter like this.

I

The origin of this case can be found in subtitle B...

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