Nadel & Sons Toy Corp. v. United States

Newman, Judge:

Defendant has moved to dismiss these 23 actions for lack of prosecution. The basis of defendant’s motion is that these suits were not removed from the October 1970 reserve file within the two-year period provided by rule 14.6(c), and accordingly should be dismissed for lack of prosecution pursuant to rules 8.3(b) (1) and 14.6(c).

Pursuant to rules 14.6(a) and 14.9(c), effective October 1, 1970,1 these cases were among approximately 177,000 actions pending before the Customs Court which were placed in a classification designated as the October 1970 reserve file. Under rule 14.6…