HARTFORD FIRE INS. CO. v. U.S.

No. 2008-1071.

544 F.3d 1289 (2008)

HARTFORD FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 8, 2008.


Attorney(s) appearing for the Case

Frederic D. Van Arnam, Jr., Barnes, Richardson & Colburn, of New York, New York, argued for plaintiff-appellant. With him on the brief was Eric W. Lander.

Michael J. Dierberg, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Franklin E. White, Jr., Assistant Director. Of counsel was Beth C. Brotman, Office of the Assistant Chief Counsel, United States Customs and Border Protection, of New York, New York.

Before MAYER, LOURIE, and PROST, Circuit Judges.


MAYER, Circuit Judge.

Hartford Fire Insurance Company appeals the judgment of the United States Court of International Trade, finding no subject matter jurisdiction over its claim to find its surety bonds unenforceable. Hartford Fire Ins. Co. v. United States, 507 F.Supp.2d 1331 (Ct. Int'l Trade 2007). Because we agree that the true nature of the action is a failure to file an administrative protest to a demand for...

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