Marvin Schnitzer Machinery Co. v. United States

NewmaN, Judge:

Plaintiff’s motion to vacate the order of dismissal entered in this case and for a rehearing, is denied.

The undisputed facts are: the increased duties determined by the district director of customs to be due upon liquidation of the entries were not paid by plaintiff; and thereupon defendant moved for dismissal of the protest on June 12, 1968. Plaintiff requested, and was granted, two 30-day extensions of time in which to reply to the Government’s motion to dismiss. A third similar request was denied. Thereupon, plaintiff filed no defense to the Government’s motion.

On October…