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U.S. v. XL SPECIALTY INS. CO.

Slip Op. 06-164. Court No. 06-00131.

462 F.Supp.2d 1364 (2006)

UNITED STATES, Plaintiff, v. XL SPECIALTY INSURANCE COMPANY, Defendant.

United States Court of International Trade.

November 9, 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 (Sean B. McNamara); and Office of Assistant Chief Counsel, U.S. Customs and Border Protection (Kevin M. Green), of counsel, for Plaintiff.

Sandler, Travis & Rosenberg and Glad & Ferguson, P.C. (T. Randolph Ferguson), San Francisco, CA, for Defendant.

Opinion & Order

AQUILINO, Senior Judge.

Plaintiff's complaint, filed pursuant to 19 U.S.C. § 1592(d) and 28 U.S.C. § 1582, prays for recovery of duties upon a continuous entry bond executed by Intercargo Insurance Company, n/k/a XL Specialty Insurance Company, per Customs Form 301 on behalf of Dell Products LP and Dell Computer Corporation. It prays for $1,558,049.79 alleged to have not been paid due to entries

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