Alumax, Inc. v. United States

Opinion

Restani, Judge:

Defendant moves to strike Court of International Trade (CIT) Rule 41(a) notices of voluntary dismissal filed in these actions. CIT Rule 41(a) states that dismissal may be noticed by plaintiff without consent or permission of the court any time before an answer is filed. Following oral argument on January 23,1991, the court denied the motion to strike the CIT Rule 41(a) dismissals.

These motions are an outgrowth of Eastalco Aluminum Company, et al. v. United States, 14 CIT 724, 750 F. Supp. 1135 (1990), motion for rehearing pending. Eastalco involved several tariff…