W. G. Kauders & Co. v. United States

U.S. Customs Court

W. G. Kauders & Co. v. United States

58 Cust. Ct. 31, 1967 Cust. Ct. LEXIS 2576

CourtUnited States Customs Court

DecidedJanuary 23, 1967

DocketC.D. 2873

StatusPublished

This text of 58 Cust. Ct. 31 (W. G. Kauders & 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

W. G. Kauders & Co. v. United States, 58 Cust. Ct. 31, 1967 Cust. Ct. LEXIS 2576 (cusc 1967).

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Opinion

Eao, Chief Judge:

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

It appears from the official papers that this entry was liquidated on March 20,1964, but that the protest was not filed until May 21, 1964, a date exceeding the statutory limit of 60 days allotted for the filing of a protest in section 514 of the Tariff Act of 1930. Consequently, this protest is untimely. Therefore, while defendant’s motion to dismiss for lack of prosecution is denied, the protest is dismissed as untimely.

Judgment will be entered accordingly.

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Eao, Chief Judge:

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

It appears from the official papers that this entry was liquidated on March 20,1964, but that the protest was not filed until May 21, 1964, a date exceeding the statutory limit of 60 days allotted for the filing of a protest in section 514 of the Tariff Act of 1930. Consequently, this protest is untimely. Therefore, while defendant’s motion to dismiss for lack of prosecution is denied, the protest is dismissed as untimely.

Judgment will be entered accordingly.

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Bluebook (online)

58 Cust. Ct. 31, 1967 Cust. Ct. LEXIS 2576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-g-kauders-co-v-united-states-cusc-1967.