J. T. Steeb & Co. v. United States

Newman, Judge:

Defendant has moved to strike the complaint filed in this action, which is captioned “Tees Peoducts, Plaintiff v. The United States, Defendant”.1 The basis of defendant’s motion is that Tree Products is not the plaintiff in this action, and hence was not authorized to file the complaint pursuant to rule 4.4.

*269In its opposition to defendant’s motion, plaintiff concedes that Tree Products (the ultimate consignee) was improperly named as plaintiff in the caption of the complaint in lien of the proper party plaintiff, J. T. Steeb & Company, importer of record who filed the protest.…