NORFOLK AND WESTERN RY. CO. v. U.S.

Slip Op. 94-16. Court No. 92-10-00653.

843 F.Supp. 728 (1994)

NORFOLK AND WESTERN RAILWAY CO., Plaintiff, v. UNITED STATES et al., Defendants.

United States Court of International Trade.

February 1, 1994.


Attorney(s) appearing for the Case

Bodman, Longley & Dahling, Carson C. Grunewald and Dennis J. Levasseur, Detroit, MI, for plaintiff.

Frank W. Hunger, Asst. Atty. Gen. of the U.S., David M. Cohen, Director, Commercial Litigation Branch, Civ.Div., U.S. Dept. of Justice, Marc E. Montalbine (Lars E. Hjelm, Attorney-Advisor, Office of Chief Counsel, U.S. Customs Service, of Counsel), Washington, DC, for defendants.


OPINION

CARMAN, Judge:

Plaintiff and defendant cross move for summary judgment pursuant to USCIT R. 56. Plaintiff brought this action seeking judicial review of a decision by the Chief of the Carrier Ruling Branch, United States Customs Service (Customs), denying plaintiff's protest on the grounds that plaintiff did not file its protest with the proper Customs officer in accordance with 19 U.S.C. § 1514...

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