Weather-Rite Sportswear Co. v. United States

NEWMAN, Judge;

Plaintiff moves for summary judgment — an application of first impression in the United States Customs Court — ■ bottomed upon a widely adopted procedural remedy which is not, however, explicitly authorized or spelled out by the rules of this Court. We feel constrained, with the utmost reluctance, to deny the motion.

Indeed, we state parenthetically at the outset, that a committee of this Court is contemporaneously engaged in an active study of the revision and updating of our Court Rules; and a study of the advisability of including the procedural remedy of summary judgment is…