NEC Corp. v. United States

Memorandum Opinion and Order of Dismissal

WATSON, Judge:

This case is before the Court upon the motion of the defendant, United States, to dismiss for lack of jurisdiction, filed August 30, 1985, and the motion of the plaintiff, NEC Corporation, “to correct the filing date”, filed September 30, 1985. Both motions pertain to the plaintiff’s alleged failure to file the summons commencing this action within the time prescribed in 19 U.S.C. § 1516a(a)(2) and 28 U.S.C. § 2636(c). Various other papers have since been submitted, which are accepted for filing and have been considered in deciding these…