Legal Opinion

Erie Navigation Co. v. United States

United States Customs Court

Decided August 27, 1979No. C.D. 4820; Court 76-5-01081PublishedCited by 10 opinions

1Opinion of the Court

RE, Chief Judge:

Plaintiff, the owner and operator of the vessel M/V Day Peckinpaugh, brought this action to recover customs duties paid on repairs made to the vessel at a foreign port. The vessel, documented under the laws of the United States, was engaged in transporting bulk cement on Lake Ontario between the Canadian port of Picton, Ontario, and the American ports at Rome and Rochester, New York. In August, 1973, the vessel was drydocked at Port Weller, Ontario, Canada, where the repairs were made.

Upon return to a United States port, duties were assessed on the cost of the foreign repairs…

2Cases cited20 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Nebbia v. New YorkSupreme Court of the United States · 1934
  5. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976

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3Cited by10 opinions

  1. Texaco Marine Services, Inc. And Texaco Refining and Marketing, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
  2. Barnhart v. United StatesUnited States Court of International Trade · 1983
  3. Barnhart v. United States Treasury DepartmentUnited States Court of International Trade · 1985
  4. Mount Washington Tanker Co. v. United StatesCourt of Customs and Patent Appeals · 1981
  5. Mount Washington Tanker Co. v. United StatesUnited States Court of International Trade · 1980

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