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U.S. v. UPS CUSTOMHOUSE BROKERAGE, INC.

Slip Op. 06-98. Court No. 04-00650.

442 F.Supp.2d 1290 (2006)

UNITED STATES, Plaintiff, v. UPS CUSTOMHOUSE BROKERAGE, INC., d/b/a UPS Supply Chain Solutions, Inc., Defendant.

United States Court of International Trade.

June 28, 2006.

Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Melinda D. Hart, Nancy Kim), Edward Greenwald Department of Homeland Security, Bureau of Customs and Border Protection, Of Counsel, for Plaintiff.

Akin, Gump, Strauss, Hauer & Feld, LLP (Lars-Erik Hjelm, Lisa W. Ross, Thomas J. McCarthy), Washington, DC, for Defendant.

Tompkins & Davidson, LLP (Laura Siegel Rabinowitz), New York, New York, for Amicus (National Customs Brokers & Freight Forwarders Association of America, Inc.).

OPINION & ORDER

CARMAN, Judge:

[Plaintiffs motion to strike is denied. Defendant's partial motion for summary judgment is denied.]

This matter comes before the Court on Defendant's Rule 56 Motion for Summary Judgment ("Summary Judgment Motion") and Plaintiffs Motion to Strike Defendant's $10,000 Penalty Refund Claim ("Motion to Strike"). Defendant, UPS Customhouse Brokerage, Inc. ("UPS" or "Defendant") and Plaintiff, the United States...

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