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GREAT AMERICAN INSURANCE COMPANY OF NEW YORK v. U.S.

Slip Op. 10-49. Court No. 06-00155.

710 F.Supp.2d 1346 (2010)

GREAT AMERICAN INSURANCE COMPANY OF NEW YORK as surety for Smithfield Distributors, Inc., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 6, 2010.

Attorney(s) appearing for the Case

Law Offices of Barry M. Boren ( Barry M. Boren ), Miami, FL, for Plaintiff.

Tony West , Assistant Attorney General; Barbara S. Williams , Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice ( Alexander Vanderweide ); Beth Brotman , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, Of Counsel, for Defendant.

OPINION

TSOUCALAS, Senior Judge.

Before the Court is a Motion to Dismiss by Defendant United States (the "Government"). Also under consideration is Plaintiff Great American Insurance Company's ("GAIC") Motion to Amend the Summons. For the reasons discussed herein, the Court concludes that it does not have jurisdiction over this action; accordingly Plaintiff's motion is denied, Defendant's motion is granted, and the action is dismissed.

BACKGROUND...

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