Legal Opinion

United States v. Priority Products, Inc.

United States Court of International Trade

Decided August 7, 1985No. Court 84-9-01311PublishedCited by 6 opinions

1Opinion of the Court

Opinion and Order

RESTANI, Judge:

This matter is before the court on plaintiff’s Rule 12(f) motion to strike defendants’ Rule 38 demand for a jury trial and defendant’s Rule 39 motion for jury trial. Jurisdiction is based on 28 U.S.C. § 1582(1).

I. Background

On September 21, 1984, the United States filed suit against Priority Products, Inc., Walter L. Huss, Rosalie E. Huss, and the merchandise in question. The United States is seeking to recover penalties stemming from the alleged fraudulent or negligent importation of bark tea into Portland, Oregon, after the tea was refused entry in San…

2Cases cited23 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
  3. Richard W. Hostrop v. Board of Junior College District No. 515, Counties of Cook and Will and Stateof Illinois, a Body Politic and CorporateCourt of Appeals for the Seventh Circuit · 1975
  4. Guadalupe Guajardo, Jr., Cross-Appellants v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1978
  5. Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967

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3Cited by6 opinions

  1. Mid-Central/Sysco Food Services, Inc. v. Regional Food Services, Inc.District Court, D. Kansas · 1991
  2. Steele v. City of Bemidji, Minn.District Court, D. Minnesota · 2000
  3. Washington International Insurance v. United StatesUnited States Court of International Trade · 1988
  4. Yanmar American Corp. v. Crean Equipment Co.Supreme Court of Vermont · 2012
  5. Halperin Shipping Co., Inc. v. United StatesUnited States Court of International Trade · 1989

1 more not listed; retrieve them via the Exa API.

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