Legal Opinion
United States v. Jac Natori Co.
United States Court of International Trade
Decided May 12, 1993No. Court No. 90-08-00445PublishedCited by 13 opinions
1Opinion of the Court
Memorandum and Order
Aquilino, Judge:
In this action brought by the government pursuant to 28 U.S.C. § 1582 to recover penalties and duties under 19 U.S.C. § 1592, the defendant, citing CIT Rules 9(b), 12(b)(5), 12(f) and 12(h), has interposed a motion(1) to dismiss the Complaint in its entirety for failure to state a claim upon which relief can be granted because the Customs Service failed to perform the condition precedent, i. e., furnishing the decision in the underlying administrative penalty proceeding; (2) to dismiss the fraud claim for facial insufficiency because of failure to plead…
2Cases cited30 opinions
- Jenkins v. McKeithenSupreme Court of the United States · 1969
- Harisiades v. ShaughnessySupreme Court of the United States · 1951
- E. I. Dupont De Nemours & Co. v. DavisSupreme Court of the United States · 1924
- In re SkolnickSupreme Court of the United States · 1969
- United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
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3Cited by13 opinions
- United States v. IslipUnited States Court of International Trade · 1998
- Power-One Inc. v. United StatesUnited States Court of International Trade · 1999
- United States v. Obron Atlantic Corp.United States Court of International Trade · 1994
- United States v. Inn Foods, Inc.United States Court of International Trade · 2007
- United States v. Stanley WorksUnited States Court of International Trade · 1993
8 more not listed; retrieve them via the Exa API.