Sea-Land Service, Inc. v. US
| Decision Date | 28 June 1993 |
| Docket Number | Court No. 92-01-00019. |
| Parties | SEA-LAND SERVICE, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant. |
| Court | U.S. Court of International Trade |
Myles J. Ambrose and Evelyn M. Suarez, Ross & Hardies, Washington, DC, for plaintiff-appellee.
Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, and Barbara M. Epstein, Civ. Div., Dept. of Justice, Commercial Litigation Branch, New York City, for defendant.
This case, having been remanded by the United States Court of Appeals for the Federal Circuit, CAFC Docket No. 93-1290, and plaintiff and defendant having stipulated to a settlement in this case, and said stipulation having been approved by the Court, it is hereby
ORDERED that Slip. Op. 93-13, 812 F.Supp. 222 (January 28, 1993) is vacated and set aside; and it is further
ORDERED judgment be entered in accordance with the stipulation entered into by the parties.
WHEREAS, the parties hereto desire to settle the captioned litigation without the need to further litigate the underlying issues; and,
WHEREAS, the parties have reached an agreement regarding the manner in which this case is to be settled; it is therefore agreed as follows:
1. The United States Customs Service will, without the need to reliquidate the entries, pay to Sea-Land Service, Inc, the sum of $262,556.50, plus interest on this amount, provided for by law. The summons in this case was filed on January 10, 1992.
2. All other claims in this action are overruled.
3. Each party will bear its own attorney fees, expenses and costs.
4. The opinion and judgment of the Court of International Trade in Slip Opinion 93-13, 812 F.Supp. 222, dated January 28, 1993 will be vacated and set aside.
5. Accordingly, the parties stipulate to entry of judgment in accordance with this compromise settlement.
IT IS HEREBY ORDERED that this action is decided and this final judgment is to be entered by the Clerk of this Court; the Customs Service shall make refund to plaintiff in accordance with the stipulation of the parties set forth above; and it is further ORDERED that the opinion and judgment of the Court of International Trade in Slip Opinion 93-13, dated January 28, 1993, are now moot, and are hereby withdrawn and vacated and set aside.
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Us Jvc Corp. v. U.S., Slip Op. 98-97.
...has only been followed once. See Sea-Land Serv., Inc. v. United States, 17 CIT 61, 812 F.Supp. 222 (1993), vacated as moot 17 CIT 649, 829 F.Supp. 393 (1993). Generally, when faced with Farrell Lines, the court has either sought to clarify and limit its holding, or have found it inapposite.......