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FLINT HILLS RESOURCES, LP v. U.S.

Slip Op. 11-42. Court No. 06-00065.

764 F.Supp.2d 1336 (2011)

FLINT HILLS RESOURCES, LP, Formerly Known as Koch Petroleum Group, LP, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 19, 2011.

Attorney(s) appearing for the Case

Phelan & Mitri ( Michael F. Mitri ), Norwalk, CT, Galvin & Mlawski ( John J. Galvin ), New York, NY, for the Plaintiff.

Tony West , Assistant Attorney General; Jeanne E. Davidson , Director; Todd M. Hughes , Deputy Director; ( Tara K. Hogan ), Attorney-in-Charge, Commercial Litigation Branch, Civil Division, United States Department of Justice for the Defendant.

OPINION AND ORDER

POGUE, Chief Judge.

This action puts at issue the interpretation and retroactivity of an amended statute regarding a drawback claim for taxes paid on the importation of Plaintiff's goods.1 Currently, the action is assigned to a single judge, but Plaintiff now moves for re-assignment to a three-judge panel.

DISCUSSION

A case may be assigned to a three-judge panel if it "(1) raises...

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