Legal Opinion
Fabil Manufacturing Co. v. United States
Court of Appeals for the Federal Circuit
Decided January 23, 2001No. 99-1566PublishedCited by 15 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
The appellant Fabil Manufacturing Company (Fabil) filed this action in the Court of International Trade to recover the amounts it had paid as duties on imported merchandise which, it alleged, was latently defective and worthless. The court granted the government’s motion for summary judgment because Fabil could not link the defects in the merchandise to particular entries covering the merchandise. We hold that in the circumstances of this case, Fabil was not required to make that showing. We therefore reverse the summary judgment and remand.
I
Fabil’s complaint in…
2Cases cited13 opinions
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- Adams Fruit Co. v. BarrettSupreme Court of the United States · 1990
- Ford Motor Company v. United StatesCourt of Appeals for the Federal Circuit · 1998
- Rollerblade, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1997
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Saab Cars Usa, Inc. v. United States, Defendant-CrossCourt of Appeals for the Federal Circuit · 2006
- Cane Tennessee, Inc. v. United StatesUnited States Court of Federal Claims · 2003
- Saab Cars USA, Inc. v. United StatesUnited States Court of International Trade · 2003
- Volkswagen of America, Inc. v. United StatesUnited States Court of International Trade · 2007
- Engineered Demolition, Inc. v. United StatesUnited States Court of Federal Claims · 2004
10 more not listed; retrieve them via the Exa API.