Los Angeles Imp. Co. v. United States

U.S. Customs Court

Los Angeles Imp. Co. v. United States

54 Cust. Ct. 469, 1965 Cust. Ct. LEXIS 1838

CourtUnited States Customs Court

DecidedJune 17, 1965

DocketNo. 69388; protest 64/19101

StatusPublished

This text of 54 Cust. Ct. 469 (Los Angeles Imp. Co. v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Los Angeles Imp. Co. v. United States, 54 Cust. Ct. 469, 1965 Cust. Ct. LEXIS 1838 (cusc 1965).

Pincite

Opinion

Donlon, Judge:

Defendant having filed, on May 10,1965, a motion praying the court to order stricken and physically return to plaintiff’s counsel certain direct interrogatories, filed by plaintiff on April 30, 1965, entitled “Direct Interrogatories to be Propounded to Julius Von Bngelbrechten, 2000 Hamburg 1, Ballin-damm 9, VI, Germany,” and “Direct Interrogatories to be Propounded to Franz Brucicdorfer, 8372 — Dreieck b. Zwiesel/Bavarian Forest, Post Box 40, Bavaria,” and

Plaintiff, in its reply to the motion, having made no contention either that any application for a commission to take testimony by interrogatories has been filed or granted, and

It appearing that the provisions of rule 21 have not been complied with and that plaintiff has made no motion in writing with accompanying affidavit, as rule 21 requires, and no commission or letters rogatory to take the testimony of Julius von Engelbrechten and/or of Franz Bruckdorfer has been issued, in the name of the President of the United States and under the seal of the court, to examine said witnesses or either of them, and the said direct interrogatories being without force or effect, now, therefore

It is Ordered that the said documents be stricken and the clerk is directed to return said documents to counsel for plaintiff.

Free access — add to your briefcase to read the full text and ask questions with AI

Donlon, Judge:

Defendant having filed, on May 10,1965, a motion praying the court to order stricken and physically return to plaintiff’s counsel certain direct interrogatories, filed by plaintiff on April 30, 1965, entitled “Direct Interrogatories to be Propounded to Julius Von Bngelbrechten, 2000 Hamburg 1, Ballin-damm 9, VI, Germany,” and “Direct Interrogatories to be Propounded to Franz Brucicdorfer, 8372 — Dreieck b. Zwiesel/Bavarian Forest, Post Box 40, Bavaria,” and

Plaintiff, in its reply to the motion, having made no contention either that any application for a commission to take testimony by interrogatories has been filed or granted, and

It appearing that the provisions of rule 21 have not been complied with and that plaintiff has made no motion in writing with accompanying affidavit, as rule 21 requires, and no commission or letters rogatory to take the testimony of Julius von Engelbrechten and/or of Franz Bruckdorfer has been issued, in the name of the President of the United States and under the seal of the court, to examine said witnesses or either of them, and the said direct interrogatories being without force or effect, now, therefore

It is Ordered that the said documents be stricken and the clerk is directed to return said documents to counsel for plaintiff.

Cite This Page — Counsel Stack

Bluebook (online)

54 Cust. Ct. 469, 1965 Cust. Ct. LEXIS 1838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-imp-co-v-united-states-cusc-1965.