Starkey Laboratories, Inc. v. United States

MEMORANDUM OPINION AND ORDER

WATSON, Senior Judge.

INTRODUCTION

Plaintiff moves pursuant to CIT Rule 60(b)(6), or alternatively, CIT Rule 60(b)(1), 1 to vacate the judgment of dis missal in this action on May 10, 1995 for lack of prosecution entered by the clerk of the court pursuant to CIT Rule 83(c) 2 and to reinstate this case to the Reserve Calendar of the court for six months. Defendant opposes plaintiffs motion.

FACTUAL BACKGROUND 3

There is no dispute concerning the facts relevant to the current matter before the court.

This tariff classification action was initiated by the filing of a…