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AMERICAN SHIP MANAGEMENT, LLC. v. U.S.

Slip Op. 01-105. No. 99-03-00151.

162 F.Supp.2d 671 (2001)

AMERICAN SHIP MANAGEMENT, LLC, Plaintiff, v. UNITED STATES, Defendant, and SL Service, Inc., Plaintiff, v. United States, Defendant.

United States Court of International Trade.

August 17, 2001.

Attorney(s) appearing for the Case

Garvey, Schubert & Barer, Seattle, WA (Charles Routh), for plaintiff American Ship Management, LLC.

Sonnenschein Nath & Rosenthal, Washington, DC (Evelyn M. Suarez and Alexander H. Schaefer) and Robert S. Zuckerman, General Counsel, for plaintiff SL Service, Inc.

Stuart E. Schiffer, Acting Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Barbara M. Epstein); Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, United States Customs Service, for defendant, of counsel.

Collier Shannon Scott, PLLC, Washington, DC (Lauren R. Howard), for Shipbuilders Council of America, Inc., amicus curiae in support of defendant's cross-motion for summary judgment.

MEMORANDUM OPINION AND ORDER

TSOUCALAS, Senior Judge.

Plaintiffs, American Ship Management, LLC and SL Service, Inc. ("plaintiffs"), pursuant to R. 12(c) of the Rules of the United States Court of International Trade, move for summary judgment alleging that the undisputed material facts in the case show that, as a matter of law, United States Customs Service ("Customs") misapplied and misinterpreted the vessel repair statute, 19 U.S.C. § 1466...

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