Texas Mex Brick & Import Co. v. United States

OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS AND PLAINTIFF’S CROSS-MOTION TO CORRECT FILING DATE ON SUMMONS

NEWMAN, Judge:

This is a civil action brought by plaintiff pursuant to 28 U.S.C. § 2632(a) to contest the denial of a protest. 1

Defendant has moved to dismiss the action on the ground that it was not filed within the time prescribed by § 2631(a)(1); 2 plaintiff has interposed a cross-motion pursuant to rules 3.2(d) (2) and 3.2(d)(3) 3 to correct the rec ords of the clerk of the court, including the date of filing stamped on the summons. In opposition to plaintiff’s cross-motion,…