United States v. Bavarian Motors, Inc.

Maletz, Judge:

This is an action pursuant to 28 U.S.C. 1582(2) (1980)1 for the collection of liquidated damages arising from the *84importation between 1975 and 1977 of BMW automobiles which did not conform with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 et seq. (1976, Supp. III). Before the court are defendants’ motions to dismiss or for summary judgment, and the Government’s opposition and cross-motion for an order deeming all of the relevant allegations of its complaint admitted as to defendant Aetna Casualty and Surety Company (Aetna).

I

Bavarian Motors, Inc. (BMI) and its chief…