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INTERCARGO INS. CO. v. U.S.

No. 95-1344.

83 F.3d 391 (1996)

INTERCARGO INSURANCE COMPANY f/k/a International Cargo & Surety Co., (Surety for M. Genauer), Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined July 25, 1996.

Attorney(s) appearing for the Case

Wayne James Jarvis, Hodes & Pilon, Chicago, Illinois, argued for plaintiff-appellee. With him on the brief were Michael G. Hodes and James L. Sawyer.

Joseph I. Liebman, Civil Division, Department of Justice, International Trade Field Office, New York City, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Amy M. Rubin, Civil Division, Department of Justice, International Trade Field Office. Of counsel was Sheryl A. French, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service.

Before RADER, Circuit Judge, COWEN, Senior Circuit Judge, and BRYSON, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined July 25, 1996.

Opinion for the court filed by Circuit Judge BRYSON. Dissenting opinion filed by Circuit Judge RADER.

BRYSON, Circuit Judge.

This dispute over import duties turns on whether the Customs Service obtained a valid extension of time within which to liquidate an importer's entries. The Court of International Trade held that Customs' extension notices were defective, and that the...

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