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AMERICAN STEVEDORING INC. v. U.S. CUSTOMS SERVICE

No. 94-04-00213. Slip Op. 94-69.

852 F.Supp. 1067 (1994)

AMERICAN STEVEDORING INC. and Resources Warehousing & Consolidation Services, Inc., Plaintiffs, v. UNITED STATES CUSTOMS SERVICE, Anthony Liberta, Regional Commissioner of Customs (Region II), Kathleen M. Haage, Area Director of Customs, Newark, New Jersey, American President Lines, Ltd., East Coast Warehouse & Distribution Corp., Rail Head Transfer, Inc., Container Freight Services, Inc. and H & M International Transportation, Inc., Defendants.

United States Court of International Trade.

May 2, 1994.

Attorney(s) appearing for the Case

Gibney, Anthony & Flaherty, Wm. Lee Kinnally, Jr. and Robert L. Follick, New York City, for plaintiffs.

Frank W. Hunger, Asst. Atty. Gen., Joseph I. Liebman, Attorney-in-Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, Civ. Div., James A. Curley, Office of Regional Counsel, U.S. Customs Service, Frank C. Sharp, Washington, DC, of counsel, for defendants U.S. Customs Service, Anthony Liberta and Kathleen M. Haage.

D'Amato & Lynch, Harvey Barrison and Mary Lee Cunningham, New York City, for defendant East Coast Warehouse & Distribution Corp.

Spadoro & Hilson, Arthur T. Hilson, Woodbridge, NJ, for defendant Rail Head Transfer, Inc.

Bathgate, Wegener, Dugan & Wolf, William J. Wolf and Michael M. DeCicco, Lakewood, NJ, for defendant H & M Intern. Transp., Inc.

MEMORANDUM & ORDER

AQUILINO, Judge:

This action commenced with the simultaneous filing of a summons and complaint and form of order, directing the U.S. Customs Service and its officials Anthony Liberta and Kathleen M. Haage to show cause (1) why they should not be immediately enjoined from permitting the other parties named as defendants to perform as centralized examination stations within the meaning of 19 C.F.R. Part 118 and (2) why Resources...

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