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  5. 159 F.Supp.2d 942 (2001)
 

PAKISTAN NAT. SHIPPING v. CARGO OF 2,733.82

CIV. A. No. H-00-1434.

159 F.Supp.2d 942 (2001)

PAKISTAN NATIONAL SHIPPING CORPORATION, Plaintiff, v. A CARGO OF 2,733.82 M/T OF HEAVY STEEL SCRAP, in rem, and the United States of America, the Department of the Treasury, the United States Customs Service, Joseph D'Alessio Company, Inc., Krung Thaibank Public Company Ltd., and Plansee Company, Ltd., in personam, Defendants.

United States District Court, S.D. Texas, Houston Division.

March 30, 2001.

Attorney(s) appearing for the Case

William M Jensen, Royston Rayzor Vickery & Williams, Houston, TX, for Pakistan National Shipping Corp, plaintiffs.

William Brad Howard, Office of U.S. Attorney, Rayburn Berry, Givens & Kelly, Houston, for U.S., Department of Treasury, U.S. Customs Service, A Cargo of 2,733.82 M/T of Heavy Steal Scrap in Rem, Approximately 2,917.54 Metric Tons of Military Vehicle Tracks, Joseph D'Alessio Company Inc., Krung Thaibank Public Company Ltd. and Plansee Co. Ltd., defendants.

MEMORANDUM OPINION AND ORDER

HARMON, District Judge.

Pending before the Court is Defendants United States of America, Department of the Treasury, and United States Customs Service's Amended Rule 12(b)(1) and (b)(6) Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted and Rule 56(c) Motion for Partial Summary Judgment (Inst. No. 26). After

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