American Motorists Ins. Co. v. Villanueva, 89-1269
| Decision Date | 03 August 1989 |
| Docket Number | No. 89-1269,89-1269 |
| Citation | 880 F.2d 409 |
| Parties | AMERICAN MOTORISTS INSURANCE COMPANY, Plaintiff-Appellant, v. Quintin L. VILLANUEVA, Jr., Regional Commissioner of Customs, Pacific Region, William Von Raab, Commissioner of Customs, and the United States Customs Service, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Federal Circuit |
Philip Russotti, Russotti & Barrison, and Wayne Matus, Christy & Viener, New York City, argued for plaintiff-appellant. With them on the brief were Harvey Barrison, of Russotti & Barrison, and Meric C. Block, of Christy & Viener, New York City.
James A. Curley, Dept. of Justice, New York City, argued for defendants-appellees. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.
Before FRIEDMAN, NIES, and ARCHER, Circuit Judges.
This is an appeal from a judgment of the United States Court of International Trade that rejected various challenges to the action of a Regional Commissioner of the United States Customs Service. After the Customs Service unsuccessfully had attempted to obtain payment from a surety on 113 claims that the obligors on the surety bonds had failed to pay, the Regional Commissioner informed the surety that the Customs Service would refuse to accept its surety bonds for five days or until the debts were paid. The Court of International Trade dismissed the surety's suit seeking to enjoin the Customs Service from taking such action. American Motorists Ins. Co. v. Villanueva, 706 F.Supp. 923 (1989). We affirm.
The appellant provides surety bonds for the importation of merchandise into the United States. Over several years the Customs Service had accumulated 113 claims against the appellant for charges that the persons covered by the bond had failed to pay. Customs made several demands for payment upon the appellant, which the appellant failed to pay.
The Regional Commissioner of Customs sent a notice to the appellant that the appellant was required to pay the 113 claims "or show just cause why it is delinquent in payment on outstanding debts incurred by your firm as surety under the terms of your Customs Bond(s)." The letter further informed the appellant that if within 14 days payment was not made "or justification provided for failure to pay" or the appellant had not "demonstrate[d] the existence of a significant legal issue which justifies further delay in payment[...
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American Motorists Ins. Co. v. US
...Court of Appeals subsequently affirmed those decisions, upholding the liability of the surety in each case. American Motorists Insurance Co. v. Villanueva, 880 F.2d 409 (1989); Peerless Insurance Co. v. United States, 891 F.2d 298 (1989). Those decisions dictate the same result in the prese......
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NYK Line (North America) Inc. v. Mitsubishi Bank, Ltd.
...Circuit Court, both firms were listed as being of record (American Motorists Insurance Company v. Villanueva, 706 F.Supp. 923, affd., Fed.Cir., 880 F.2d 409). Accordingly, plaintiff moved to disqualify Christy & Viener from representing Amico in the instant state litigation, arguing that th......