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U.S. v. UPS SUPPLY CHAIN SOLUTIONS, INC.

Court No. 16-00010, Slip Op. 17-134.

269 F.Supp.3d 1366 (2017)

UNITED STATES, Plaintiff, v. UPS SUPPLY CHAIN SOLUTIONS, INC., Great American Alliance Insurance Co., American Service Insurance Co., and 4174925 Canada Inc., Defendants.

United States Court of International Trade.

September 29, 2017.

Attorney(s) appearing for the Case

Erin K. Murdock-Park , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC for Plaintiff United States. With her on the pleadings were Chad A. Readler , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director.

Lars-Erik A. Hjelm and Casey K. Richter , Akin Gump Strauss Hauer & Feld, of Washington, DC for Defendants UPS Supply Chain Solutions, Inc. and Great American Alliance Insurance Company.

John B. Brew and Frances P. Hadfield , Crowell & Moring LLP, of New York, NY for Defendant 4174925 Canada Inc.

T. Randolph Ferguson , Sandler, Travis & Rosenberg, P.A., of San Francisco, CA for Defendant American Service Insurance Company.

OPINION and ORDER

Before the court is the motion of Defendant 4174925 Canada, Inc. d/b/a Majestic Mills ("Majestic Mills") to dismiss the cross-claims brought by co-Defendant UPS Supply Chain Solutions, Inc. ("UPS"), pursuant to USCIT Rule 12(b)(1) for lack of subject-matter jurisdiction and USCIT Rule 12(b)(6) for failure...

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