FW Myers & Co., Inc. v. United States

Opinion And Order

BOE, Judge:

Plaintiff seeks an order of this court determining that the summons commencing the above-entitled action was timely filed with regard to protest no. 3801-9-000272. 1 The defendant by cross-motion moves to sever and dismiss the said protest because of plaintiffs failure to file the summons within 180 days from the date of mailing of notice of denial pursuant to 28 U.S.C. § 2636(a).

The following facts are undisputed:(1) the plaintiff filed protest no. 3801-9-000272 on July 19, 1979,(2) the United States Customs Service denied the protest on September 10, 1979,(3) the…