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U.S. v. INN FOODS, INC.

SLIP OP. 03-50. No. 01-01106.

264 F.Supp.2d 1333 (2003)

UNITED STATES of America, Plaintiff, v. INN FOODS, INC., Defendant.

United States Court of International Trade.

May 13, 2003.

Attorney(s) appearing for the Case

Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (A. David Lafer, Senior Trial Attorney, and Michael S. Dufault) for the United States of America, plaintiff.

Horton, Whiteley & Cooper (Robert Scott Whiteley and Craig A. Mitchell) for Inn Foods, defendant.

BEFORE: Senior Judge NICHOLAS TSOUCALAS.

MEMORANDUM OPINION

TSOUCALAS, Senior Judge.

Defendant, Inn Foods, Inc. ("Inn Foods"), moves to dismiss the Complaint filed by the United States on December 14, 2001, pursuant to USCIT R. 12(c) or, in the alternative, for summary judgment pursuant to USCIT R. 56, for failure to state a claim under 28 U.S.C. § 1582 (2000) and to file a timely complaint. The United States Customs Service ("Customs")1 commenced this action...

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