United Merchants & Manufacturers, Inc. v. United States

U.S. Customs Court

United Merchants & Manufacturers, Inc. v. United States

80 Cust. Ct. 157, 1978 Cust. Ct. LEXIS 1024

CourtUnited States Customs Court

DecidedJune 8, 1978

DocketC.D. 4749; Court No. 76-3-00547

StatusPublished

This text of 80 Cust. Ct. 157 (United Merchants & Manufacturers, Inc. 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

United Merchants & Manufacturers, Inc. v. United States, 80 Cust. Ct. 157, 1978 Cust. Ct. LEXIS 1024 (cusc 1978).

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Opinion

Landis, Judge-:

" Plaintiff’ has filed motion to amend the summons heretofore filed herein by adding two omitted protest numbers. Defendant has filed opposition and cross-motion to dismiss the entire civil action for lack of jurisdiction setting up inter alia that plaintiff has not filed a timely original summons with this court.-

The facts are undisputed: In this case, notice of the denial of the .protest was mailed on August 25, 1975. Plaintiff’s summons was filed on February 27, 1976, the 186th day after the mailing of the denial.. 28 U.S.O. § 2631(a) is unequivocal: “An action over which the court has jurisdiction ... is barred unless commenced within one hundred and eighty days after: (1) the date of mailing of notice of denial. .. „ ”.

This action is dismissed.

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Landis, Judge-:

" Plaintiff’ has filed motion to amend the summons heretofore filed herein by adding two omitted protest numbers. Defendant has filed opposition and cross-motion to dismiss the entire civil action for lack of jurisdiction setting up inter alia that plaintiff has not filed a timely original summons with this court.-

The facts are undisputed: In this case, notice of the denial of the .protest was mailed on August 25, 1975. Plaintiff’s summons was filed on February 27, 1976, the 186th day after the mailing of the denial.. 28 U.S.O. § 2631(a) is unequivocal: “An action over which the court has jurisdiction ... is barred unless commenced within one hundred and eighty days after: (1) the date of mailing of notice of denial. .. „ ”.

This action is dismissed.

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Bluebook (online)

80 Cust. Ct. 157, 1978 Cust. Ct. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-merchants-manufacturers-inc-v-united-states-cusc-1978.