American Bosch v. United States

Boe, Judge:

Plaintiff has moved for judgment on the pleadings pursuant to rule 4.9 of this court, and the defendant has cross moved to dismiss the above-entitled action for lack of jurisdiction. Despite plaintiff’s presentation of a potentially meritorious argument on the merits of its claim, the presence of certain procedural defects going to the heart of this court’s jurisdiction requires that the defendant’s cross-motion to dismiss he granted.

The merchandise in issue, fuel injection pumps, was entered at the Port of Boston on December 29, 1971, under entry No. 01872. This entry was…