Legal Opinion
American Motorists Insurance v. Villanueva
United States Court of International Trade
Decided February 15, 1989No. Court 89-01-00030PublishedCited by 5 opinions
1Opinion of the Court
OPINION
TSOUCALAS, Judge.
Plaintiff American Motorists Insurance Company, a surety authorized by the Secretary of the Treasury under 19 U.S.C. § 1623 and 31 U.S.C. § 9301 et seq. (1982) to write bonds, moves for injunctive relief against enforcement of 19 C.F.R. § 113.38. Defendants oppose and cross-move to dismiss for failure to state a claim upon which relief may he granted pursuant to Rule 12(b)(5) of the Rules of this Court.
Background
19 C.F.R. § 113.38 provides for disciplinary sanctions against a surety which is “significantly delinquent” in resolving outstanding debt claims against bonds…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Zenith Radio Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1983
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3Cited by5 opinions
- American Motorists Insurance Company v. United Furnace Co., Inc., F/k/a "United Foundry,"Court of Appeals for the Second Circuit · 1989
- American Motorists Insurance v. United StatesUnited States Court of International Trade · 1990
- NYK Line (North America) Inc. v. Mitsubishi Bank, Ltd.Appellate Division of the Supreme Court of the State of New York · 1991
- American Motorists Insurance v. VillanuevaCourt of Appeals for the Federal Circuit · 1989
- American Motorists Insurance Company v. VillanuevaCourt of Appeals for the Federal Circuit · 1989