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LYKES PASCO, INC. v. U.S.

Slip Op. 98-89. Court No. 96-05-01307.

14 F.Supp.2d 748 (1998)

LYKES PASCO, INC., Plaintiffs, v. The UNITED STATES, Defendant.

United States Court of International Trade.

June 29, 1998.

Attorney(s) appearing for the Case

Collier, Shannon, Rill & Scott (Paul C. Rosenthal, Laurence J. Lasoff, Lynn E. Duffy, Eric R. McClafferty), for plaintiff.

Frank W. Hunger, Assistant Attorney General, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Civil Division, Dept. of Justice, Commerce Litigation Branch (Mikki Graves Walser), and Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service (Chi S. Choy), for defendant.

OPINION and ORDER

WATSON, Senior Judge.

This case is before the Court on defendant's motion to dismiss for lack of jurisdiction, and plaintiff's cross-motion for summary judgment. The motion to dismiss is found to be dispositive and the cross-motion for summary judgment is therefore not reached. The Court rejects plaintiff's argument that the motion to dismiss is so closely connected to the merits of the motion for summary judgment that its resolution...

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