United States Federal Circuit

The U.S. Court of International Trade's denial of prejudgment interest on fees paid, under the export provision of the Harbor Maintenance Tax, is affirmed because interest is not available under 28 U.S.C. section 2411 or the Constitution.

Appellate Information

• Decided 01/10/2003
• Published 01/10/2003

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, SCHALL and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John J. Galvin, Galvin & Mlawski, of New York, NY, argued for plaintiff-appellant.   Of counsel was Jack D. Mlawski.


• For Appellees:
  
• Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen;  and Jeffrey A. Belkin, Trial Attorney.   Of counsel on the brief was Richard McManus, Senior Attorney, Office of the Chief Counsel, United States Customs Service, of Washington, DC.