Barnhart v. United States

RE, Chief Judge:

Pursuant to the provisions of 28 U.S.C. § 255 (1970) and Rule 77(d)(2) and (8), plaintiff moves for the assignment of this action to a three-judge panel. Under Rule 7(c), plaintiff also requests oral argument of its motion pursuant to Rule 56.1 for review of an administrative determination by the Secretary of the Treasury.

19 U.S.C. § 1641(b) provides that a customhouse broker’s license may be suspended or revoked if the Secretary of the Treasury finds that the broker is guilty, inter alia, of “disreputable” conduct. Plaintiff claims that the use of the term “disreputable” as a…