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ARBON STEEL & SERVICE CO., INC. v. U.S.

No. 02-1299.

315 F.3d 1332 (2003)

ARBON STEEL & SERVICE CO., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 10, 2003.

Attorney(s) appearing for the Case

John J. Galvin, Galvin & Mlawski, of New York, NY, argued for plaintiff-appellant. Of counsel was Jack D. Mlawski.

Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen; and Jeffrey A. Belkin, Trial Attorney. Of counsel on the brief was Richard McManus, Senior Attorney, Office of the Chief Counsel, United States Customs Service, of Washington, DC.

Before MAYER, Chief Judge, SCHALL and LINN, Circuit Judges.

MAYER, Chief Judge.

Arbon Steel & Service Company, Inc. ("Arbon Steel") appeals the judgment of the United States Court of International Trade denying prejudgment interest on fees paid under the export provision of the Harbor Maintenance Tax. Swisher Int'l, Inc. v. United States, 178 F.Supp.2d 1354 (Ct. Int'l Trade 2001). Because interest is not available under 28 U.S.C. § 2411 or the Constitution, we affirm...

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