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U.S. v. ROBERT E. LANDWEER & CO.

Slip Op. 12-17. Court No. 09-00060.

816 F.Supp.2d 1364 (2012)

UNITED STATES, Plaintiff, v. ROBERT E. LANDWEER & CO., Defendant.

United States Court of International Trade.

February 8, 2012.

Attorney(s) appearing for the Case

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for Plaintiff United States. On the briefs were David S. Silverbrand and Michael D. Panzera , Trial Attorneys. With them on the briefs were Tony West , Assistant Attorney General, and Patricia M. McCarthy , Assistant Director. Of counsel on the briefs was Leigh Sellari , Office of Assistant Chief Counsel for U.S. Customs and Border Protection of Seattle, WA.

Joel R. Junker , Joel R. Junker & Associates, of Seattle, WA, for Defendant Robert E. Landweer & Co. With him on the brief was Emily Lawson .

OPINION

GORDON, Judge:

Defendant Robert E. Landweer & Co. ("Landweer") moves to dismiss this action pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction and USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be granted. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1582(1) and therefore denies Defendant's USCIT Rule 12(b)(1) motion to dismiss. However, Plaintiff has failed to state a claim...

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