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U.S. v. SPANISH FOODS, INC.

SLIP OP. 00-123, No. 98-03-00620.

118 F.Supp.2d 1293 (2000)

UNITED STATES, Plaintiff, v. SPANISH FOODS, INC., et al., Defendants, and Fausto Diaz-Oliver, et al., Third-Party Plaintiffs, v. Claudio L. Martinez, Third-Party Defendant.

United States Court of International Trade.

September 27, 2000.

Attorney(s) appearing for the Case

David W. Odgen, Acting Assistant Attorney General; David M. Cohen, Director; A. David Lafer, Senior Trial Counsel (James W. Poirier, Attorney), Commercial Litigation Branch, Civil Division, United States Department of Justice, of counsel, for plaintiff.

Collier Shannon Scott, PLLC, Washington, DC (Paul C. Rosenthal, John B. Brew, John P. Lohrer, and John M. Herrmann) for defendant Remedios Diaz-Oliver.

Fotopulos & Spridgeon, Tampa, FL (Thomas E. Fotopulos) for defendant Fausto Diaz-Oliver.

Carroll & Associates, P.A. (Linda L. Carroll) for defendant Lilliam S. Martinez.

OPINION

WATSON, Senior Judge.

INTRODUCTION

This is a civil action for penalties commenced by the Government pursuant to 19 U.S.C. § 1592, which action falls within the court's jurisdiction under 28 U.S.C. § 1582. Defendants have moved for summary judgment claiming the Government commenced this action after the expiration of the five-year statute of limitations pursuant to 19 U.S.C. § 1621. The Government has filed a cross...

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