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SL. SERVICE INC. v. U.S.

SLIP OP. 02-121. Court No. 99-03-00151.

244 F.Supp.2d 1359 (2002)

SL. SERVICE, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 15, 2002.

Attorney(s) appearing for the Case

Sonnenschein Nath & Rosenthal (Evelyn M. Suarez) and Robert S. Zuckerman, Vice President and General Counsel of CSX Lines, LLC, for plaintiff SL Service, Inc.

Robert D. McCallum, Jr., Assistant Attorney General; John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Barbara S. Williams); Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, United States Customs Service, for defendant, of counsel.

Collier Shannon Scott, PLLC (Lauren R. Howard), Washington, DC, for amicus curiae Shipbuilders Council of America, Inc.

MEMORANDUM OPINION AND ORDER

TSOUCALAS, Senior Judge.

Plaintiff, SL Service, Inc. ("SL Service"), moves for summary judgment pursuant to USCIT R. 56 alleging that the undisputed material facts in this case show that, as a matter of law, the United States Customs Service ("Customs") misapplied the vessel repair statute, 19 U.S.C. § 1466 (1994), as interpreted in American Ship Management, LLC v. United States, 25 CIT ___,

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