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NIPPON MINIATURE BEARING CORP. v. WEISE

No. 97-55930.

230 F.3d 1131 (2000)

NIPPON MINIATURE BEARING CORPORATION, Plaintiff-Appellant, v. George J. WEISE, Commissioner of the United States Customs Service; United States Customs Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 27, 2000.

Attorney(s) appearing for the Case

Glenn W. Trost, Esq., Los Angeles, California, for the appellant.

Carol L. Wallack, AUSA, Washington, D.C., for the appellees. Trial Attorney, United States Department of Justice (David M. Cohen, Director, Commercial Litigation Branch, United States Department of Justice, on the briefs), Washington, D.C., for the appellees.

Before: Melvin BRUNETTI, Frank J. MAGILL, and M. Margaret McKEOWN, Circuit Judges.

Argued and Submitted February 4, 1999 — Pasadena, California

Opinion by Judge BRUNETTI; Partial Concurrence and Partial Dissent by Judge McKEOWN.

OPINION

BRUNETTI, Circuit Judge:

This appeal raises the issue of whether the Court of International Trade ("CIT") has exclusive jurisdiction to entertain claims brought by an importer challenging the legality of forfeiture and penalty assessment actions taken by the United States Customs Service...

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