Standard Cellulose & Novelty Co. v. United States

U.S. Customs Court

Standard Cellulose & Novelty Co. v. United States

58 Cust. Ct. 175, 1967 Cust. Ct. LEXIS 2504

United States Customs Court·Decided March 15, 1967·No. C.D. 2923·Published

Opinion

Kao, Chief Judge:

When this case was called for trial, there was no appearance by or on behalf of plaintiff although due notice of the time and place of trial had been provided. Accordingly, the defendant moved to dismiss the action for want of prosecution.

It appearing from the official papers herein that the entry was liquidated on February 28, 1964, but that the protest was not filed until April 30,1964, or more than 60 days after liquidation, the protest is untimely. The motion of defendant to dismiss for lack of prosecution is, therefore, denied, but the protest is dismissed as untimely.

Judgment will be entered accordingly.

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Kao, Chief Judge:

When this case was called for trial, there was no appearance by or on behalf of plaintiff although due notice of the time and place of trial had been provided. Accordingly, the defendant moved to dismiss the action for want of prosecution.

It appearing from the official papers herein that the entry was liquidated on February 28, 1964, but that the protest was not filed until April 30,1964, or more than 60 days after liquidation, the protest is untimely. The motion of defendant to dismiss for lack of prosecution is, therefore, denied, but the protest is dismissed as untimely.

Judgment will be entered accordingly.

Standard Cellulose & Novelty Co. v. United States, 58 Cust. Ct. 175, 1967 Cust. Ct. LEXIS 2504 (cusc 1967).

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58 Cust. Ct. 175 (Standard Cellulose & Novelty Co. v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.